Equal Protection Clause

Check-The-Box “Diversity” is At Odds with a Merit-Based Society

When did merit cease to serve as the primary basis for political or professional advancement in this supposedly colorblind, “gender-neutral,” equality-oriented society?  I of course recognize “diversity” (however one defines it) as a worthy goal, broadly speaking. But it amazes and troubles me to see “diversity” totally eclipsing all other considerations in so many aspects of contemporary life.   We saw this most recently in the confirmation hearings for Amy Coney Barrett to the Supreme Court.…

Wohlgemuth Welcomes a New Constitutionalist to the Supreme Court

We at Mountain States Legal Foundation could not be more pleased to celebrate the confirmation and swearing in of Justice Amy Coney Barrett.  At Mountain States we spend our days before the courts of this country. Which is why we recently commented that our hope for a Justice Barrett, is not that the Court will make conservative policy, but that the Court will…

Harvard Must Stop Discriminating Against Asian American Students

News release: Denver, CO — Feb. 26, 2020 — Mountain States Legal Foundation filed an amicus curiae brief with the First Circuit Court of Appeals late yesterday in support of students fighting to end racial discrimination by the Harvard admissions office.

Biographical Questions Forced Top ATC Candidates Out of FAA Hiring Pool

“The number of different high school sports I participated in.”
“The age at which I first started to earn money (other than an allowance).”
Strange questions to ask would-be air traffic controllers. Yet those questions and others were ones the Federal Aviation Administration asked potential air traffic controllers to answer as part of a new hiring system in 2013.

Brigida v. U.S. Department of Transportation

The FAA's Racial Politics Endangered Public Safety

The Obama administration dropped a skill-based system for selecting and hiring air traffic controllers, and replaced it with a new system designed to favor applicants on the basis of their race. The FAA purged its system of thousands of previously-qualified, ready-to-hire applicants simply because they did not fit the right biographical profile. The government endangered public safety and owes restitution for this grave injustice.