Articles

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 ̷ ...

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 ...

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 pref ...

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 ...

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. … ...

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.&# ...

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 ...

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 … ...

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. … ...