Tuesday, April 22, 2014

SCOTUS Reverses Sixth Circuit In Michigan Affirmative Action Case

... effectively allowing Michigan voters to keep the state constitutional amendment which prohibits the use of race as a consideration in determining university admission. The decision is here. The ruling was 6-2, with Roberts, Kennedy, Alito, Scalia, Thomas and Breyer voting to reverse, Sotomayor and Ginsburg dissenting, Kagan not participating.

I'm afraid I'm not enough of an armchair lawyer to opine on the breadth or narrowness of this opinion; I invite the very few attorneys who read this sorry blog to offer their insight in comments.

NOTE: SCOTUSblog's live-blog of the opinion offers this:
The plurality opinion stresses that the case is not about the constitutionality or the merits of race conscious admission policies in higher education. Rather, the question concerns whether and in what manner voters in a state may chose to prohibit consideration of such racial preferences.

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