Schuette victory : The Breyer concurrence

April 23, 2014 | By JOSHUA THOMPSON

Yesterday I discussed Kennedy’s lead opinion in Schuette v. Coalition to Defend Affirmative Action as well as Justice Scalia’s concurring opinion.  Justice Breyer also voted to uphold Proposal 2, although his reasoning differs significantly from the other two opinions.  With Justice Kagan’s recusal, Breyer’s vote resulted ...