Proposal 2 decision vacated; rehearing en banc scheduled
Author: Joshua Thompson
Late today, the Sixth Circuit Court of Appeals vacated the panel decision in CDAA v. Granholm. That decision had struck down Michigan's Proposal 2 as unconstitutional under the Equal Protection Clause. The court has now scheduled the case for rehearing en banc. I will blog more about this development on Monday, but this is some (mildly) good news for the weekend.
What to read next
PLF asks the U.S. Supreme Court to rule that there is no “legislative exception” to the unconstitutional conditions doctrine
It seems that some governments and courts prefer to treat Supreme Court precedent as an option, rather than a requirement. The Supreme Court has ruled—twice—that it’s unconstitutional for government to … ›