Separated by Race

November 20, 2020

CIR has filed suit against the State of Oregon for establishing a coronavirus relief fund that is limited to black Oregonians.  Setting aside government money for a race-exclusive fund violates the Fourteenth Amendment and federal anti-discrimination law.

In July, The Contingent, an Oregon nonprofit that primarily serves black Oregonians, and the

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Won’t Back Down

October 15, 2020

On October 15, CIR filed an appeal with the Ninth Circuit in Barke v. Banks, which challenges Section 3550 — a gag law that prohibits statements from public employers that “deter or discourage” union membership.  CIR is appealing the district court’s decision to dismiss the suit for lack of standing.


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Well-Worn Playbook

July 31, 2020

In February, CIR filed a lawsuit against the SBA and USDA on behalf of Ultima Services Corporation challenging a federal program that sets aside government contracts for minority-owned businesses, called the Section 8(a) program.  Since then,  the agencies have turned to their well-worn playbook to try to have the case

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Putting Words in Their Mouths

July 03, 2020

On June 26, CIR filed a reply brief in support of its motion for a preliminary injunction to stop the enforcement of Section 3550, a California law that prohibits public employers from criticizing public employee unions.  CIR is challenging Section 3550 as unconstitutional, but while litigation is in progress, public

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Loosening the grip of the administrative state

July 03, 2020

In Seila Law LLC v. CFPB, the Supreme Court voted 5-4 to take an important first step in restraining the nearly unchecked power of independent agencies by ruling that the structure of the Consumer Financial Protection Bureau is unconstitutional.  The CFPB is an independent agency in charge of regulating consumer

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Terms of Ensnarement

June 25, 2020

In Barke v. Banks, CIR is challenging California law Section 3550, which directly prohibits public employers from criticizing government unions.  But legislatures around the country are silencing union criticism in other ways—namely by mandating labor peace agreements.  An LPA is a contract that an employer signs with a union before

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I’ve got news for you…

June 09, 2020

CIR is starting off the decade with two major new cases!  In California, CIR is fighting a gag-law that prohibits public employers from criticizing unions.  At the federal level, CIR is challenging a race-based set-aside law for government contracts.

You can read all about CIR’s latest work in the newest issue

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You want me to intervene?

May 19, 2020

On May 7, the US District Court for the Central District of California granted five unions’ motion to intervene as defendants in Barke v. Banks.  Earlier this year, CIR sued members of California’s Public Employment Relations Board to declare unconstitutional and stop the enforcement of Section 3550, which prohibits public

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Dave Davis Wins the Day

May 05, 2020

The Supreme Court has denied Guam’s petition for certiorari, in Davis v. Guam, bringing a successful close to CIR’s nine-year fight to overturn the territory’s racially restrictive plebiscite law.  With this order, CIR’s recent Ninth Circuit victory will stand in its entirety, and Guam will not be allowed to conduct

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Guam Files Reply to CIR’s Opposition Brief

April 20, 2020

On April 13, Guam replied to CIR’s brief opposing Guam’s Supreme Court appeal.  CIR and Dave Davis’ lead counsel at Gibson Dunn argued that the Ninth Circuit correctly found Guam’s plebiscite law was a race-based voting restriction in violation of the Fifteenth Amendment.

In response, Guam has argued that its planned

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