Arkansas agrees that racial quota in Ethics Commission appointments is unconstitutional

Little Rock, Arkansas; January 8, 2026: An Arkansas scholar agreed to end his lawsuit against the state’s Ethics Commission after the state agreed to abandon using a racial quota in its appointment of members to the Commission. Jay Greene, along with Arkansas officials, has asked the court to enter a consent judgment declaring the racial quota unconstitutional and enjoining the officials from enforcing it in the future. Should the court accept the settlement, future appointments will be open to all qualified candidates regardless of race.

“Public service must be open to every citizen on equal terms,” said PLF Senior Attorney Caleb Trotter. “This settlement affirms a core constitutional principle: The government cannot use race to decide who is worthy to serve. The state has done the right thing by choosing not to defend its discriminatory law.”

Greene is an accomplished scholar and professor who earned his Ph.D. from Harvard and has spent decades writing about education, opportunity, and equality. Wanting to give back to his home state, Greene sought to serve on the Arkansas Ethics Commission. But a state statute limited the open seat to a racial minority, excluding Greene despite his qualifications.

Under the settlement, a joint motion was filed today asking the court to rule that the state’s law is a violation of the Equal Protection Clause. The Ethics Commission was the last remaining state board with a racial quota requirement in Arkansas. Greene—and other Arkansans—can now be considered for public service based on merit, not skin color.

Pacific Legal Foundation represents Greene free of charge. The case is Jay Greene v. Attorney General Tim Griffin, et al.