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Tag: Equal Protection Clause

May 05, 2018

Weekly litigation report — May 5, 2018

Another lawsuit to challenge Seattle's war on landlords This week, we sued to challenge Seattle's Fair Chance Housing Ordinance on behalf of several landlords and the Rental Housing Association of Washington in Yim v. City of Seattle. The Fair Chance Housing Ordinance forbids landlords from asking for a criminal background check or denying someone ...

August 19, 2017

Weekly litigation report — August 19, 2017

Environmentalists warn of catastrophic sun-darkening on Monday! Support for the Supreme Court to toss Michigan’s theft by tax-forclosure scheme Widespread support for “absent frog” case in Supreme Court And widespread concern for unoccupied sage-grouse habitat rules John Duarte settles with the Corps over making mountains out of ...

October 08, 2015

Universities hide their use of race in admissions

No university that uses racial preferences in its admissions process seriously questions whether racial preferences are beneficial — or whether the undeniable costs of its policy outweigh the benefits. Moreover, these discriminating universities refuse to heed the Supreme Court’s repeated command that racial preferences may be used ...

October 06, 2015

Fisher: Is the Roberts Court playing the long game?

This week marks the start of another exciting Supreme Court term. One of the biggest cases this year is Fisher v. University of Texas at Austin, now at the Court for the second time. Two years ago, the Supreme Court held that the Fifth Circuit’s review of the University’s race-based admissions policy was too deferential, and gave the ...

March 27, 2015

President's weekly report — March 27, 2015

Eminent domain — New Jersey Supreme Court abandons precedent In this 3-2 decision, the New Jersey Supreme Court upheld the use of eminent domain in 62-64 Main Street v. Mayor and City Council of the City of Hackensack.  The question here is how much blight is just pretext and how much is really enough to justify condemning ...

December 16, 2014

How would you avoid disparate impact liability?

Disparate impact theory tells employers that they have broken the law when a concededly neutral hiring practice produces too many employees of one race and not enough of another. Let’s say you’re an employer looking to hire 20 people from a pool of 100 applicants. You give the same standardized test to all 100 applicants ...

November 12, 2014

Fifth Circuit denies rehearing en banc in Fisher v. University of Texas

The case of Abigail Fisher may be on its way to the Supreme Court a second time.  The Fifth Circuit Court of Appeals denied her petition for rehearing en banc. Judge Garza filed a short dissent reiterating the points he made in his panel dissent.  PLF, joined by our friends at the Center for Equal Opportunity, Reason Foundation, ...

October 16, 2014

PLF files brief in the Supreme Court opposing race-based redistricting

We have previously blogged about the latest redistricting controversy to reach the Supreme Court. In these two combined cases, styled Alabama Legislative Black Caucus v. Alabama and Alabama Democratic Conference v. Alabama, the plaintiffs contend that the redistricting plan for the Alabama Senate and House of Representatives is an unconstitutional ...

August 15, 2014

President's weekly report — August 15, 2014

Equality Under the Law — Government discrimination in contracting We filed this brief in Midwest Fence v. United States Department of Transportation.  Midwest Fence has been embroiled in litigation defending its right to bid for government contracts in Illinois on the same basis as everyone else.  The owner of Midwest Fence is a Caucasian ...

July 15, 2014

Fifth Circuit: Univ of Texas may admit students using race

Should public universities make admissions decisions based on a student’s race?  Last year, in Fisher v. University of Texas, the Supreme Court held that race could be considered, but only after a university establishes that its use of race is narrowly tailored to achieve “the benefits of a student body diversity that encompasses a bro ...

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