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

Supreme Court to hear case concerning Michigan’s ban on racial preferences

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 … Continue reading

Remembering Dr. Martin Luther King Jr.

Today we remember the perseverance, passion, and dream of one our nation’s greatest advocates for liberty and equality under the law: Dr. Martin Luther King, Jr.  He fought tirelessly to end segregation and discrimination, and changed the course of history … Continue reading

Sixth Circuit’s Proposal 2 decision: Teetering on the brink of incoherence

Attorneys for PLF filed a brief this week in the United States Supreme Court asking that Court to review the Sixth Circuit Court of Appeals’ decision in Coalition to Defend Affirmative Action v. Regents of the Univ. Of Michigan.  In that decision, … Continue reading

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

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 … Continue reading

The Sixth Circuit’s embarrassing decision

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 … Continue reading