A couple of days ago, I passed along news about Crest v. Padilla, the case in which Judicial Watch challenged the constitutionality of California Corporations Code § 301.4, which requires corporations whose principal executive offices are located in California to have at least a specified number of underrepresented minorities on their boards of directors (the exact minimum number depends on the size of the board). As I said, that the trial judge hearing the case had granted summary judgment in favor of Judicial Watch. The judge has no issued his opinion, a copy of which you can get here.
Meanwhile, litigation against the California board gender diversity quota law continues.
I have long argued that theses statutes were unconstitutional under the internal affairs doctrine insofar as they attempted to regulate companies incorporated outside of Delaware. The Crest v. Padilla court did not discuss that issue. Instead, the court focused exclusively on equal protection issues.
