Judge ruled that law “violates” the Equal Protection Clause in the California Constitution.. Los Angeles County Superior Court declared unconstitutional a measure that would have brought more diversity into boards of California companies.
The diversity requirement—signed into law in September 2020—said that publicly held companies with headquarters in California must have at least one director from an “underrepresented community,” meaning someone who “self-identifies as Black, African American, Hispanic, Latino, Asian, Pacific Islander, Native American, Native Hawaiian, or Alaska Native, or who self-identifies as gay, lesbian, bisexual, or transgender.” The number of directors from underrepresented communities will increase depending on their board size.
The California SB 826, which mandated that all corporate boards be composed at least one woman, was followed by the AB 979 law. Businesses that were found in contravention of the law could face six-figure sanctions.
Judicial Watch, a conservative organization, challenged AB 979 for three California taxpayers. It claimed it was against California’s constitution. Judicial Watch President Tom Fitton said that “Gender quotas” and new quotas are being applied to many more groups of corporate board members. He made this statement in October 2020.
Judicial Watch now has Terry Green as a judge at L.A. Superior Court.Crest v. Padilla2) granting summary judgement to the group.
This law is “Infringes The Equal Protection Clause This is The California COnstitution on It Green’s order stated that Green meant face.It Statute Treats Similar It is located individuals—Qualified Potenzial Corporation Board members—And other ways Based On Their Join us (or Man are not thereof) In Certain Listened racial, Sexual orientation, gender Identity groups. It Requires This You can find more information at Certain Specific Numerous This is Board Seats Please be Reserviert Please see the following: Members This is The Gruppen On The list— Not excludes Members This is Other Gruppen Starting at These are the people seats.”
The state is “It has It is not Recognized You can find more information at compelling Interest You can find more information here Justification This classification,” noted Green. “It You can also see it here Public benefits Produced By well-run Businesses Do It is not Fit This bill. You can find more information here The Other hand, While Restorative measures This is Discrimination can Please be You can find more information at compelling interest, The state You must Definition You can find more information at Specific arena where discrimination occurred.
“A member of the public … might wonder at this result,” he added. “If the Legislature has identified an issue in society, how does the court stop it from being solved?
The answer was simple: Courts have to “maintain the continuity of laws even when the will of majority.” It is important to protect “fundamental values” whether they are personal or collective. This state has a fundamental commitment to equal treatment of all citizens, regardless of their appearance or identity. … Only in very particular cases should discrimination be remedied by more discrimination. This should be done only after other options have been explored.
Judicial Watch continues to challenge California’s Board Gender Quota. Federal lawsuits against AB 979, SB 826 are still pending. The federal cases—both pending in the U.S. District Court for the Eastern District of California—allege that California’s board diversity statutes violate the Equal Protection Clause of the U.S. Constitution.
Diversity quotas on corporate boards have been controversial due to a range of factors. Diversity in boardrooms might be a good goal—whether for cultural or economic reasons—but from a libertarian perspective, it’s not one the government should be allowed to ForcePrivate companies. Feminist objections are also raised to quotas. Some worry that they perpetuate stereotypes of women or members from “underrepresented groups” by suggesting they don’t have the ability to serve on boards without government-imposed quotas.
There is little evidence to suggest that quotas can have a ripple effect on the leadership of companies, or in workplace diversity. There is little evidence that quotas can improve performance in corporate environments.
FREE MINDS
Is it possible for a coach of football in a public school to pray while on the field“Lower courts generally prohibit public school teachers openly praying at work, even when students aren’t involved,” says Charles Russo in The Conversation. Yet the Supreme Court has not directly addressed such a case—until now,” notes Charles Russo in the Ohio Capital Journal. Oral arguments in the case—Kennedy v. Bremerton School District—are scheduled for April 25.
Russo explains that the issue here is whether the school board infringed Joseph Kennedy’s rights as a coach of football. Kennedy was suspended and his contract not renewed because Kennedy ignored the instruction to cease kneeling silently on the field following games.
Kennedy claims the board has violated his First Amendment rights, including freedoms of speech and religion. He also asserts his rights under Civil Rights Act that prohibits employment discrimination.
Before the Supreme Court, two important questions will be asked: are prayers made by public school teachers in front students protected by First Amendments rights, and, if so, are educational officials required to prohibit them in order for certain religions not to violate the Establishment Clause.
As an education specialist, I find the case noteworthy as it will resolve the sticky issues surrounding public school staff praying while supervising students or whether such prayer is prohibited by the government.
Kennedy v. Bremerton also highlights the tension between two First Amendment clauses regarding religious freedom. The Free Exercise clause allows individuals to follow their religions, while the Establishment Clause prohibits government officials from “establishing” any religion.
More information on this case can be found here.
FREE MARKETS
Mike Tyson’s edibles in ear shapes are too much for Coloradans. Mike Tyson was a boxing legend who has made a profit from his famous 1997 “ear-biting” incident. In which Tyson attacked Evander Holyfield, Tyson 2.0 sold THC-infused edibles in the shape of ears. Tyson 2.0 (his company) “confirmed the infused gummy ear are real” and is currently selling them in California, according to Westword. Tyson 2.0 intends to extend these “Mike Bites”, which will be available in more states, this year. Colorado will not be included.
According to Colorado Marijuana Enforcement Division’s 2016 law, marijuana edibles cannot be shaped as humans, animals or fruit. Holyfield is too cute for words. Shannon Gray, MED communication director, stated that edibles with shaped ears are vegan and “directly applicable to” the law prohibiting human body shapes.
QUICK HITS
• Tesla CEO Elon Musk now owns 9.2 percent of Twitter. It’s unclear at this time what level of influence Musk will have on Twitter’s decision making process or if he’ll be asked for to join the company’s board. There are reasons‘s Liz Wolfe.
• Republicans and Democrats in the Senate have reached a deal on a COVID-19 spending package that includes at least $5 billion for therapies and $750 million for research on coronavirus variants.
• A property rights win in Wisconsin:
BIG news! Governor Tony Evers has signed legislation to end home equity theft in Wisconsin
Homeowners no longer need to be afraid that the government will take their house, sell it and keep all of the proceeds over any unpaid taxes.
Wisconsin is doing a great job.
— Pacific Legal ????⚖️ (@PacificLegal) April 4, 2022
• Matthew Yglesias tackles “the bizarre myth that Ancient Greeks couldn’t see blue” and what that has to do with modern language policing.
• Did Ketanji Brown Jackson flout the law when she reduced a drug dealer’s sentence?
• AtlanticThe “covert network” of activists that prepares to overthrow the government is explored. Roe v. Wade—a cadre of “vaginal preppers” aiming to help women learn old-school techniques for self-managed abortion. “Just knowing the people who came before you had other ways of managing these things, not necessarily through a doctor or condoned by a government—there’s something really powerful in that,” a woman identified as “Ellie” tells Atlantic.
• Man arrested over daughter’s diaper rash wins at Supreme Court:
Here’s the 6-3 opinion from Brett Kavanaugh in Thompson v. Clark: https://t.co/HEWNynIzt3
Clarence Thomas, Neil Gorsuch and Samuel Alito join the opposition.— SCOTUSblog (@SCOTUSblog) April 4, 2022
• Three states—Arizona, Louisiana, and Missouri—are suing to stop the Biden administration from ending an order that lets the U.S. turn away many refugees without processing their asylum requests.
• Why does U.S. border patrol need the ability to delete messages?
• “Chinese authorities extended a lockdown in Shanghai to cover all of the financial centre’s 26 million people on Tuesday after city-wide testing saw new COVID-19 cases surge to more than 13,000 amid growing public anger over quarantine rules,” reports Reuters.
• A new book looks at a centurylong battle for the soul of American conservatism. Matthew Continetti, author of “Trump wasn’t an alien invader to American conservatism.” Donald Trump is the return to a suppressed memory through his combination of Coolidge’s policy ideas and McCarthy’s rabble-rousing.
• France’s ban on short flights starts this month.