Articles

PLF's Joshua Thompson on NPR to discuss Schuette

April 23, 2014 | By JOSHUA THOMPSON

This morning I appeared on NPR’s On Point to discuss the Supreme Court’s decision in Schuette.  Taking the opposite view and debating me on the case was Columbia Law Professor Theodore Shaw.  You can listen to the podcast here. … ...

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Schuette victory : The Scalia concurrence

April 22, 2014 | By JOSHUA THOMPSON

Justices Scalia and Thomas counted for two of the six votes in favor of Proposal 2’s constitutionality.  Unlike Justice Kennedy, however, Justice Scalia’s opinion — joined by Justice Thomas — would not save the political structure doctrine.  Scalia’s concurrence argues that Hunter and Seattle should be left on the ...

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Schuette victory : The plurality (Kennedy) opinion

April 22, 2014 | By JOSHUA THOMPSON

As I predicted last year, Justice Breyer voted to uphold Proposal 2.  With Justice Kagan’s recusal, that means the Court voted 6-2 in favor of the constitutionality of the Michigan Amendment. Despite the overwhelming support for the constitutionality of Proposal 2, the Justices differed greatly on their reasoning.  In this post, I discuss t ...

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Coverage of PLF at the Supreme Court for Schuette

October 22, 2013 | By JOSHUA THOMPSON

Last week I was in Washington, D.C. for the oral argument in Schuette v. Coalition to Defend Affirmative Action.  This is the case that is challenging whether voters have the right to prohibit racial preferences by government.  In 1996, California voters becase the first to adopt such a ban when they passed Proposition 209, and since that time ...

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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. ...

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Michigan AG files cert. petition two weeks after Proposal 2 decision

November 29, 2012 | By JOSHUA THOMPSON

That was fast!  After the Sixth Circuit’s horrendous decision striking down Michigan’s equal rights amendment two weeks ago, the Michigan Attorney General filed this certiorari petition yesterday to ask the Supreme Court to take up the case.  Kudos to the AG’s office for this ueber-quick response to an unjustifiable ruling. I ...

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More on the Sixth Circuit's Proposal 2 decision

November 20, 2012 | By JOSHUA THOMPSON

Last Friday I explained the Sixth Circuit’s embarrassing decision to strike down Michigan’s Proposal 2.  President of the National Association of Scholars (and longtime PLF friend) Peter Wood, has been assembling similar reactions to the Sixth Circuit’s decision.  For example, here is what Ward Connerly had to say: There is no ...

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The Sixth Circuit's embarrassing decision

November 16, 2012 | By JOSHUA THOMPSON

As we reported on Thursday, the Sixth Circuit declared Michigan’s Proposal 2 unconstitutional under the Equal Protection Clause.  The decision has been roundly condemned throughout the legal community.  For good reason.  The decision defies both logic and common sense by holding that Proposal 2 — a state constitutional amendment proh ...

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Proposal 2 struck down by the Sixth Circuit

November 15, 2012 | By JOSHUA THOMPSON

The Sixth Circuit, sitting en banc, declared Proposal 2 unconstituional under the Equal Protection Clause today. Proposal 2 is Michigan’s landmark constitutional amendment that banned racial preferences and discrimination by state and local government. Think about that for a second — a constitutional amendment banning discrimination is ...