Preeminent scholar sues over Arkansas’ racial quota for Ethics Commission
October 29, 2025
Little Rock, Arkansas; October 29, 2025: A former professor and education scholar filed a lawsuit today challenging a law that prohibits people from serving on Arkansas’ Ethics Commission based on race. Jay Greene, Ph.D., alleges that the law violates the Constitution by restricting his opportunity to serve on the Commission because of his race.
This is the third lawsuit that Pacific Legal Foundation has filed against Arkansas—and the previous two cases settled. Last year, Arkansas repealed several racial and gender quota laws for public service boards and commissions.
“We applaud Arkansas’ efforts to remedy their unconstitutional quotas, but it’s time to end this practice once and for all,” said Laura D’Agostino, an attorney with Pacific Legal Foundation. “The state can’t deny individuals the opportunity to serve on public boards due to their race—and Attorney General Tim Griffin agrees with us. Everyone deserves the opportunity to serve their community without discrimination based on immutable characteristics like race.”
Arkansas law requires that at least one member of the Commission be a “member of a minority race,” and Attorney General Tim Griffin believes that the law is unconstitutional. He has refused to comply with it.
Arkansan Jay Greene worked as a professor and researcher for over 25 years. He has dedicated the majority of his career to defending educational opportunity and academic excellence, writing over 200 articles and publications. Greene wants to use his skills and background to serve his community on the Ethics Commission—but Arkansas law prohibits him from being considered for the current opening on the Commission.
This lawsuit challenges the constitutionality of Arkansas’ racial quota requirement for the Ethics Commission, and a victory would allow all Arkansans an equal opportunity to serve on the state Ethics Commission based on merit, rather than race—preserving equality before the law.
Pacific Legal Foundation represents Greene free of charge. The case is Jay Greene v. Attorney General Tim Griffin, et al.
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About Pacific Legal Foundation
Pacific Legal Foundation is a national nonprofit law firm that defends Americans threatened by government overreach and abuse. Since our founding in 1973, we challenge the government when it violates individual liberty and constitutional rights. With active cases in 34 states plus Washington, D.C., PLF represents clients in state and federal courts, with 18 wins of 20 cases litigated at the U.S. Supreme Court.