Fallacies of the Sixth Circuit’s Michigan Proposal 2 decision

April 05, 2013 | By RALPH KASARDA

In this excellent post from Discriminations, John Rosenberg describes the five fallacies of the Sixth Circuit’s “jaw-dropping” decision in Schuette v. Coalition to Defend Affirmative Action.  In Schuette, the court said Michigan’s voters had somehow violated the U.S. Constitution’s Equal Protection Clause by enacting ...


Sixth Circuit's political structure analysis : Structure or chaos?

April 03, 2013 | By RALPH KASARDA

  After 31 years, the Supreme Court will finally take another look at the “political structure” doctrine.  If you didn’t read Monday’s post by PLF College of Public Interest Law fellow, Jonathan Wood, you may be unfamiliar with that doctrine.  In 1969, and again in 1982, the United States Supreme Court relied ...


Supreme Court to hear case concerning Michigan's ban on racial preferences

March 25, 2013 | By RALPH KASARDA

May the voters of a state amend their state constitution to prohibit discrimination and preferences based upon race?  The Supreme Court will address that question.  Today, with Justice Kagan recusing herself, the Court granted certiorari in Schuette v. Michigan Coalition to Defend Affirmative Action, another case concerning racial preferences. ...