Judiciary

Gail Heriot on Michigan Preferences Case

July 11, 2011

The Sixth Circuit’s decision to strike down a law that barred racial discrimination in Michigan is a bitter pill. That voters can’t prohibit government racial discrimination is absurd, but that’s exactly what the panel ruled (PDF). For this and other reasons, it likely won’t stand. In an article for the Daily Caller, U.S. Commission on [...]

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Michael Barone on Michigan Preferences Case

July 6, 2011

The more I think about it, the more I’m convinced the recent Sixth Circuit decision won’t stand. The panel essentially ruled that a state’s voters can’t ban racial discrimination. As columnist Michael Barone writes, it “seems palpably absurd.” I’ll go further than that. It is absurd. In a recent column, Barone notes that Michigan’s law [...]

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Larry Purdy on Michigan Preferences Case

July 6, 2011

Larry Purdy served as trial counsel for plaintiffs Barbara Grutter and Jennifer Gratz in race preference cases that reached the Supreme Court. In 2008, I reviewed his book, Getting Under the Skin of “Diversity”: Searching for the Color-Blind Ideal, in which he offered a rebuttal to The Shape of the River: Long-Term Consequences of Considering [...]

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Judges Strike Down Michigan’s Ban on Racial Preferences

July 5, 2011

Five years ago, Michigan voters made a wise decision. Fifty-eight percent of them approved Proposal 2, a measure that barred the state from discriminating against or granting preferences to individuals or groups in employment, contracting, and education, based on factors like race and sex. During those five years, pro-preferences groups have challenged the law, and [...]

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Court Won’t Rehear Race-Based Admissions Case

June 22, 2011

In 1997, the U.S. Court of Appeals for the Fifth Circuit ruled that using racial preferences in college admissions even to achieve “diversity” was unconstitutional. Fourteen years later, a three-judge panel of the same court ruled the opposite: racial preferences used in admissions at the University of Texas at Austin are permissible. The [Fisher] panel [...]

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PLF Appeals Caltrans Set-Asides Case

May 20, 2011

Despite the state’s ban on government discrimination and preferential treatment in employment, contracting, and education based on race or sex, the California Department of Transportation (Caltrans) set aside 6.75 percent of federal contracts for women, blacks, people of Asian-Pacific descent, and American Indians. The Federal Highway Administration approved the plan. The Pacific Legal Foundation (PLE) [...]

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White Teachers in Philly Sue

May 17, 2011

Four white elementary school teachers filed suit against the Philadelphia School District, the teachers union, the former principal of their elementary school, a fellow teacher, and others, claiming they’ve been treated differently than other staff, based on the color of their skin. The principal said they were “unfit to teach” black children. (Source) I tend [...]

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Race-Based Victory in Chicago

May 16, 2011

Several years ago, a group of black firefighter applicants in Chicago filed suit against the city, claiming it used an unlawful cut-off passing score for the pencil-and-paper civil service employment exam. Applicants who scored below 64 were disqualified. Because so many applicants scored 89 or above, however, the city set a second cut-off point. Applicants [...]

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Dayton and Ricci v. DeStefano

April 22, 2011

Is the city of Dayton, Ohio, setting itself up for a Ricci v. DeStefano-type lawsuit? The U.S. Department of Justice directed Dayton to lower its required passing scores on a civil service exam for police officers and firefighters because not enough blacks passed it. Under the old requirements, candidates had to pass 66 percent of [...]

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Judge: Caltrans May Award Contracts Based on Race

March 28, 2011

The California Department of Transportation (Caltrans) developed a plan to take race into account when awarding contracts. Caltrans set aside 6.75 percent of federal contracts for women, blacks, people of Asian-Pacific descent, and American Indians. The Federal Highway Administration approved the plan. The Pacific Legal Foundation (PLE) sued Caltrans on behalf of a contractor. State [...]