For NAS & FASORP, the ACR Project Moves to Intervene in Tennessee’s HSI Litigation
For NAS and FASORP, the ACR Project filed to join Tennessee's challenge to the Hispanic Serving Institutions programs' discriminatory criteria.
ACR Project Warns Auburn University & the Auburn University Foundation of the Unconstitutionality of Their Race-Based Scholarships
Today we warned Auburn University and the Auburn University Foundation that their racially exclusive scholarships violate the U.S. Constitution and Title VI of the Civil Rights Act, among other federal civil rights laws.
Sacramento Settles Lawsuit Brought by CFER and the ACR Project
Sacramento County has settled our challenge to its so-called “guaranteed income” program that unlawfully chose beneficiaries based on race.
Issue Guide–Fair Play: How the Law Protects Employees Disclosing Discrimination (Even the Fashionable “Woke” Kind) from Retaliation
The ACR Project published a new Issue Guide--Fair Play: How the Law Protects Employees Disclosing Discrimination (Even the Fashionable "Woke" Kind) from Retaliation.
Disparate-Impact Liability: Unfounded, Unconstitutional, & Not Long For This World
No Congress ever passed, no President ever signed, and as a result Title VII never contained (and does not contain now) any language outlawing employment policies bearing disparate impacts across demographic groups or imposing disparate-impact liability on employers for using such policies. Our entire 54-year foray since Griggs has been an unwarranted mistake, which has harmed American employment law and infected other areas with concepts incompatible with core constitutional commitments.
Dan Morenoff Testifies Before House Higher Education & Workforce Development Subcommittee on Patterns of Illegal Discrimination Across Higher Education (and What Congress Can Do About Them)
On May 21, 2025, the U.S. House Subcommittee on Higher Education & Workforce Development heard testimony from our ED Dan Morenoff at its second hearing on Restoring Excellence: the Case Against DEI. You can read his full written testimony here.
ACR Project Files Title VI Complaint Against Weber State University
Despite clear state and federal law, Weber State remains "not shy about continuing to pursue the goal" of obtaining a particular racial balance. They should be. To help get them there, the ACR Project filed a Title VI complaint with DOJ and the U.S. Department of Education.
ACR Project Expresses Concerns with California’s Newest Batch of Discriminatory Legislative Proposals
If the California Legislature is in session, some member is proposing the unconstitutional favoring of individuals based on ancestry. This session, that's again a winning bet (however the people of California must feel about that fact). Once more, Assemblymembers and Senators have proposed a whole slate of discriminatory bills (and one discriminatory state constitutional amendment). We've submitted letters to both chambers expressing concerns with the legality and constitutionality of a host of those proposals.
UPDATE: 9th Circuit Correctly Upholds Idaho Law Requiring Use of One’s Own Single Sex Bathroom, Locker Room, and Shower
At least two cheers for the Ninth Circuit. Its opinion on the legality of states separating their school bathrooms, locker rooms, and showers by sex puts it (less thoroughly, but clearly) on the right side of the entrenched Circuit split over the correct reading of Title IX (effectively with the 11th Circuit, against the 4th and 7th Circuits).
ACR Project Alerts Congress to Unconstitutional MSI Programs
Today, the ACR Project alerted the House and Senate to the clear unconstitutionality of programs they should defund and repeal. ACR Project Chairman Gail Heriot, E.D. Dan Morenoff, and Director Peter Kirsanow signed the letters, which you can read, below. They concern the Minority Serving Institutions ("MSI") programs and their approximately billion dollars in annual funding.