Articles

PLF lauds Ricci ruling, which can help PLF’s current lawsuits against San Francisco and Caltrans public-works contracting quotas The Supreme Court ruled Monday that New Haven, CT. violated federal civil rights law when it scrapped the results of a firefighters promotional exam because the top scorers did not meet the city’s preferred ra ...

Author: Ralph W. Kasarda The American Recovery and Reinvestment Act was signed into law by President Obama just over a year ago, on February 17, 2009.  The Recovery Act distributes $787 billion dollars through tax benefits, contracts, grants, loans and entitlements.  Soon after the Recovery Act became law, an argument emerged that the s ...

In a disappointing 2-1 decision, the Sixth Circuit Court of Appeals today held that Article I, Section 26 of the Michigan Constitution is unconstitutional. … ...

In McBurney v. Young, issued today, the Fourth Circuit Court of Appeals rejected a plaintiff’s argument that a Virginia law interfered with his right to engage in his trade, but reaffirmed that this right is protected by the Privileges And Immunities Clause of Article IV (precursor to the Fourteenth Amendment’s Privileges or Immunities ...

My most recent post in the ongoing discussion about substantive due process discusses federalism, states’ rights, and the Individual Mandate. … ...

Constituting America is running a series of brief essays explaining the constitutional amendments. Over the next few days I join the conversation, discussing some of the lesser-known provisions of the Fourteenth Amendment. You can read my first contribution here. Other participants include W.B. Allen, Allison Hayward, and John Lott. … ...

Professor Michael Rappaport of the University of San Diego School of Law has released a new article titled, “Originalism and the Colorblind Constitution.”  The article’s strength lies in its rebuttal of arguments that the Fourteenth Amendment was never intended to ban race-based affirmative action policies.  Some scholars & ...

This week the Tennessee House of Representatives passed a bill that bans the state government from granting race and sex preferences.  What should have been a victory for proponents of equality under the law became a nonissue when the bill was amended at last minute to prohibit preferences granted “solely” on the basis of race or  ...

The Tennessee bill to ban race or sex preferences in government hiring, which we previously reported on here, is dead.  Readers will recall that the bill was amended at last minute to prohibit race preferences granted solely on race or sex.  Perhaps the bill’s defeat was a blessing in disguise, as the amendment robbed the … ...