PLF’s Joshua Thompson on NPR to discuss Schuette

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. … Continue reading

Schuette victory: The Breyer concurrence

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 … Continue reading

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 … Continue reading

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 … Continue reading

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 … Continue reading

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 … Continue reading

PLF at the US Supreme Court today

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 … Continue reading

PLF attorney, Ralph Kasarda, to appear on KQED Forum

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 … Continue reading

Fallacies of the Sixth Circuit’s Michigan Proposal 2 decision

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 … Continue reading

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 … Continue reading