Arnold & Porter's Guidance on the New California Law Requiring “Underrepresented Community” Members on Boards

Here. As with the similar gender representation bill from last year, I do not take a position on the merits or the equal protection constitutional validity of the law. As with the gender representation law, however, I think that as drafted it conflicts with the internal affairs doctrine and is thus unconstitutional under a penumbra emanating from the dormant commerce clause and the full faith and credit clause.