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Tag: political structure

April 22, 2014

Schuette victory: The Scalia concurrence

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 ...

April 22, 2014

Schuette victory: The plurality (Kennedy) opinion

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 ...

April 22, 2014

Supreme Court victory in Schuette v. Coalition to Defend Affirmative Action

After eight years of litigation, Michigan’s decision to ban governmental racial classifications has been upheld by the Supreme Court. PLF has been heavily involved in this case since its inception — we represented the ballot sponsors — and this decision is great news.  You can read the opinion here.  I’ll have more on the ...

October 22, 2013

Coverage of PLF at the Supreme Court for Schuette

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 ...

October 14, 2013

Does the Equal Protection Clause guarantee unequal treatment?

Tomorrow, the Supreme Court will hear oral argument in Schuette v. Coalition to Defend Affirmative Action. The issue in that case is whether the Equal Protection Clause guarantees individuals the right to unequal – or preferential – treatment.  Logically, the answer should be no.  The Equal Protection Clause provides that no state shall de ...

April 03, 2013

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

  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 on a theory ...

November 20, 2012

More on the Sixth Circuit's Proposal 2 decision

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 ...

November 15, 2012

Proposal 2 struck down by the Sixth Circuit

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 ...

May 12, 2012

Breaking news: Ninth Circuit denies activists' attempt to overturn Proposition 209

It’s rare on the Liberty Blog that we bring you news on the weekend, but we just received word that the Ninth Circuit has denied the petition for rehearing en banc in Coalition to Defend Affirmative Action v. Brown.  Once again, Proposition 209 is safe from the activists who want to see racial preferences reinjected into ...

August 02, 2010

A win for equality under the law

Author: Joshua Thompson Three years after accepting review, the California Supreme Court, in a 6-1 decision, rejected the City and County of San Francisco's attempt to get Proposition 209 declared unconstitutional.  In Coral Construction v. City and County of San Francisco, PLF challenged a City and County of San Francisco con ...

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