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ACR Project and Manhattan Institute File Amicus Brief Supporting Petition for Cert in Challenge to Discriminatory SBA Program

With Manhattan Institute, the ACR Project filed an amicus brief at the Supreme Court. It asks the Justices to take a case and use it to free litigants from the standing trap (a pure catch-22) the Fourth Circuit has created to prevent challenges to racially discriminatory governmental presumptions.

2025-08-29T10:42:20-05:00August 29th, 2025|Blog, Filings and Cases|

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.

2025-10-20T10:59:53-05:00June 9th, 2025|Blog, Uncategorized|

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.

2025-07-23T09:15:43-05:00May 27th, 2025|Blog|

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.  

2025-04-21T18:06:35-05:00April 21st, 2025|Submissions|

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).

2025-03-27T15:51:58-05:00March 27th, 2025|Blog, Filings and Cases|
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