Discrimination
The Great Zoning Crackdown on Data Centers
Plus: The Trump administration wants to roll back "disparate impact" regulations, New York Gov. Kathy Hochul wants to roll back environmental review regulations, and L.A. waives fees for wildfire rebuilds.
Bill de Blasio's Diversity Push for These Schools Lowered Admissions Standards—and Didn't Increase Diversity
New data display the failures of the expanded Discovery Program.
Trump's Racially Discriminatory Refugee Policy
There is no non-racist justification for prioritizing white Afrikaner South Africans while closing the door to virtually all other groups.
Supreme Court Refuses to Hear Case Seeking to Overturn Obergefell
This result is unsurprising, and was predicted by most analysts, including myself.
"Are You a Jew? … Are You a Zionist?"
Federal judge allows "pattern or practice" claim of discrimination against Jews by coffee shop to go forward.
Documenting Denial: A Record of Rejection Faced by Gay Couples
Over the past two decades, scores of business owners across the nation have sought to refuse services for same-sex weddings, an SMU Law School study finds
Why the Supreme Court is Highly Unlikely to Overturn Obergefell in the Kim Davis Case
My Cato Institute colleague Walter Olson explains.
Federal Court Rules Against Racial Profiling in "Roving" Immigration Enforcement Raids
Racial profiling is a longstanding problem, exacerbated by Trump Administration deportation policies.
If Companies Set Up Ethnic Affinity Groups for Employees, Must They Also Set Them Up for Jewish Employees? [UPDATE: Microsoft Has Changed Its Policy to Include "Jews at Microsoft"]
Yes, argues the Brandeis Center in a letter to Microsoft.
Supreme Court Rules, Again, That Different Standards for Discrimination Plaintiffs Are Unconstitutional
The Court ruled unanimously in favor of a disabled teenage girl and her family, who faced a higher bar to prove that her school discriminated against her.
DOJ Sues Coffee Shop for Allegedly Denying Service to Jewish Customers
According to the suit, workers denied service to and shouted epithets at two men wearing Star of David baseball caps in 2024.
Unanimous Supreme Court Affirms That There Is No 'Good' Discrimination
The court ruled on Thursday that a heterosexual woman shouldn't have to clear a higher bar than a gay colleague to sue for discrimination.
Supreme Court Reaffirms Rule that Discrimination Based on Sexual Orientation is Sex Discrimination
Yesterday's ruling in Ames v. Ohio Department of Youth Services unanimously applies this once-contested principle.
Is the Supreme Court Really That Divided? The Facts Say No.
Unanimous rulings on discrimination, guns, and religion once again challenge the common media narrative that the Court is hopelessly polarized.
Female Nude Spa in Washington Can't Bar Transgender Clients With Male Genitalia, Federal Court Rules
Olympus Spa had sued on First Amendment grounds.
Claim Over Penn's Alleged Knowing Toleration of Anti-Semitic Behavior Dismissed,
though the court found the plaintiffs had standing to bring the claim, and gave them one last chance to amend their complaint to plausibly allege enough to allow the case to go forward.
Can We End Racism by Ending the Idea of Race Itself?
Author Sheena Michele Mason offers an alternative vision for anti-racism.
New Article on Eugene Volokh's Amicus Briefs Regarding Compelled Speech and Antidiscrimination Law
Volokh's view gave breathing room for individuals' speech interests while leaving plenty of space for government to protect people from discrimination
The Supreme Court Is About To Hear 2 Education Cases. Neither Goes Far Enough.
The Court will weigh religious opt-outs and charter school discrimination. But true educational freedom means funding students, not systems.
Aaron Sibarium: Is DEI Over?
The Washington Free Beacon's Aaron Sibarium discusses the various slashes the Trump administration has made to DEI projects and USAID.
Trump's Orders Feature Nonexistent Emergencies, Illegal Power Grabs, and Blatant Inconsistencies
But at least he restored respect for a tariff-loving predecessor by renaming a mountain.
UCLA Cultural Affairs Commission Cut Jews From the Hiring Process, Complaint Argues
According to a student complaint, the Commission's head directed other students to reject "Zionist" applicants.
Courts Shouldn't Rely on Election Returns to Give Trump a Blank Check for Policies Motivated by Unconstitutional Discrimination
The key issue in such cases is the motivation of the official who adopted by the policy, not who voted for him.
What Happens When FEMA Buys Your House?
As hurricane damage mounts, the government is buying—and sometimes seizing—homes in flood-prone areas, sparking concerns over property rights and accusations of discrimination.
Feds Sue Another Landlord for Discriminating Against an Emotional Support Animal
Federal housing officials allege a New Hampshire landlord violated the Fair Housing Act for refusing to show a unit to two women with emotional support dogs.
Second Circuit Rules Intent To Racially Balance NY High Schools Is Unconstitutional
Judge Joseph Bianco’s decision emphasizes that constitutional rights and protections belong to individuals, not groups.
The DOOBIE Act Would Limit Government Discrimination Against People Who Have Smoked Weed
Under the law, the feds couldn't deny you a job or security clearance just because you've used marijuana in the past.
The Maldives Banning Israelis Is a Disgrace
President Mohamed Muizzu cannot claim to be on the right side of history while adhering to a textbook definition of bigotry.
The Supreme Court Was Right to Consider Andrew Cuomo's Unconstitutional Motives in NRA v. Vullo - and the same Principle Applies to Trump and Other Presidents
Chief executives' illicit motives can render their subordinates' actions unconstitutional. There is good reason for courts to enforce that rule.
The 70th Anniversary of Brown v. Board of Education
The anniversary is today. The American Journal of Law and Equality is publishing a symposium on Brown to mark the occasion. I am one of the contributors.
Zoning Regulations Empower Control Freaks—and Bigots
The Institute for Justice has launched a project to reform land use regulation.
New York's City of Maybe
Plus: Colorado passes a string of zoning reforms, an upscale Los Angeles grocery store sues to stop new housing, and Democrats urge the White House to get moving on fair housing.
Debating Legacy Preferences in College Admissions
Sociologist Roderick Graham and I debated this issue at the Divided We Fall website.
Capitalism Makes Society Less Racist
In the Jim Crow South, businesses fought racism—because the rules denied them customers.
A Magical World Where Government Discriminates Against the Nonmagical
The anime Mashle: Magic and Muscles offers an absurdist metaphor for politically driven discrimination.
