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. … ...
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 ...
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 ...
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 ...
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 ...
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 ...
PLF attorney Joshua Thompson is at the U.S. Supreme Court today for oral argument in Schuette v. Coalition to Defend Affirmative Action. This case challenges the Michigan Civil Rights Initiative, which voters enacted as Proposal 2 in 2006. Like California’s Proposition 209, Proposal 2 prohibits state and local governments from discriminat ...
PLF staff attorney, Ralph Kasarda, will be appearing on the KQED Forum radio show at 9:30 a.m. tomorrow, October 15, 2013, to discuss Schuette v. Coalition to Defend Affirmative Action. The Supreme Court is scheduled to hear oral argument in that case tomorrow. The Court’s decision will likely determine the constitutionality of state ba ...
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 ...