Author: Ralph W. Kasarda On January 5, 2010, the Ninth Circuit reversed a district court decision and held, in Farrakhan v. Gregoire, that the State of Washington's felon disenfranchisement law violates the federal Voting Rights Act. In a 2-1 decision, the court concluded that the felons' showing of statistical disparities among race ...
Author: Ralph W. Kasarda Last week the Pacific Legal Foundation and Center for Equal Opportunity filed an amicus brief in support of the State of Washington in Farrakhan v. Gregoire. That case concerns an attempt by convicted criminals to nullify a section of the Washington State Constitution that prohibits felons from voting. (Previo ...
Author: Joshua Thompson The Supreme Court handed down its decision today in Lewis v. City of Chicago. The issue before the Court concerned the statute of limitations for disparate impact claims. Specifically, at what point did the statute begin to run — when Chicago announced the results of its test, or did the statute run anew each time ...
Author: Joshua Thompson Having had a day to reflect on the Supreme Court’s decision in Lewis, my opinion hasn’t changed much. The most disappointing aspect of the case remains the Court’s silence on the constitutionality of the disparate impact provisions of Title VII. Less than a year since the Court appeared on the precipice ...
Author: Joshua Thompson This story of a lawsuit filed in the Northern District of California has recently picked up some national attention. The plaintiffs are alleging that First Transit is discriminating on the basis of race because they do both credit and criminal background checks before deciding whether to hire someone. ...
Two readers responded to my recent post regarding PLF’s brief in Magner v. Gallagher. The gist of the comments is the same: What St. Paul is doing here is outrageous! How can PLF say it’s in favor of property rights and defend St. Paul’s outrageous actions? … ...
The title of this article is a bit off. For more on PLF’s role in Magner v. Gallagher go here. … ...
Here is PLF attorney Ralph Kasarda’s letter to the editor. For more information on this important Supreme Court case go here. … ...
Sigh. Magner v. Gallagher, which was set to be argued by the US Supreme Court later this month, appears to have been dismissed. Unfortunately, this means that the 8th Circuit decision, which invented a disparate impact claim under the Fair Housing Act out of whole cloth, is still good law. PLF had filed an amicus … ...