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Tag: affirmative action

May 20, 2017

Weekly litigation report — May 20, 2017

Amicus brief filed for contractor long frozen out of contracts Settlement reached in mobile home park case Cap and trade appealed Prairie dog ruling petition to the 10th Circuit Reply filed in Kinderace petition to Supreme Court Affirmative action case goes back to district court Amicus brief filed for contractor long frozen out of contracts ...

May 18, 2017

Why the separation of powers matters for racial equality

In high school, I spent hours hunkered at a library computer playing Sid Meier’s Civilization instead of working on the school newspaper. In the game, you could lead your own civilization from stone age to space age. You’d guide every detail about your burgeoning society–from their religion to their labor. You’d event ...

June 23, 2016

Justice Alito's dissent in Fisher v. University of Texas highlights discrimination against Asian-Americans

Fisher v. University of Texas was a blow to those battling against racial preferences. However, for those looking for any silver lining, Justice Alito's dissent provides some relief. For the first time in a major affirmative action case, a Supreme Court Justice gave a meaningful discussion about Asian-Americans' place in the racial preference debat ...

March 21, 2016

President's weekly report — March 18, 2016

Lawsuit filed against Fish & Wildlife Service over illegal regulations When Congress passed the Endangered Species Act it set out two categories of species: those that were endangered and which might go extinct and those which were only threatened, and which had the potential of becoming endangered, but were not in immediate danger. The point ...

October 12, 2015

The gavel is down: the High Court is in session

As is its tradition, the Supreme Court began its new Term on the first Monday in October. In the weeks leading up to that day, many organizations host "preview" events (especially in Washington, DC) with leading Supreme Court advocates and other legal experts to discuss the most important cases the Court has agreed to hear. ...

September 21, 2015

Is the University of Texas engaging in unconstitutional racial balancing?

In Grutter v. Bollinger, the Supreme Court permitted the consideration of race in college admissions for a limited purpose of securing the benefits of a diverse student body. The Court reasoned that a diverse student body helps prepare students for “an increasingly diverse workforce and society, and better prepares them as professionals.&# ...

July 09, 2015

New PLF podcast on Fisher

Last week the Supreme Court decided to hear Abigail Fisher’s case against the University of Texas for a second time. Ms. Fisher is challenging the University’s decision to reject her application for admission to the University in part because she was the wrong race. PLF’s Courting Liberty podcast this weeks talks about Ms. Fishe ...

January 23, 2015

Oral argument held in Shea v. Kerry

On Tuesday of this week I was in Washington, D.C. arguing Shea v. Kerry before the D.C. Circuit Court of Appeals.  This case involves a challenge to the State Department’s discriminatory affirmative action program for Foreign Service officers.  The facts of the case are, unfortunately, fairly common.  The Foreign Service was giving prefer ...

January 16, 2015

President's weekly report — January 16, 2015

The Raisins are Dancing Again — cert grant The Supreme Court granted cert in Horne v. United States, making this the second trip to the Court for the dancing raisins.  Under a depression-era statute, raisin growers must give a substantial portion of their raisins to the federal government or else.  The or else here was ...

November 18, 2014

Elite universities sued over race-based admissions

Yesterday, Harvard University and the University of North Carolina were sued over their race-based admissions practices. The complaints (here and here) describe, in detail, the divisive use of race at both universities. ...