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
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
The oral argument in last week’s Prop. 8 case, Hollingsworth v. Perry, suggested that the justices may be skeptical of the Hunter-Seattle doctrine. While PLF has taken no position on the merits of the Prop. 8 case, the United States, … Continue reading
Individual Rights — School Choice Victory We had a nice victory from the Indiana Supreme Court when it upheld in Meredith v. Pence that state’s school choice program. As we’ve explained, this is a great victory for school choice because … Continue reading
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
Property Rights — Water, Fish and Takings The Federal Circuit Court of Appeals affirmed the dismissal on ripeness grounds of Casitas Municipal Water District v. United States. This was the case where the district alleged that a fish ladder and water diversion required … Continue reading
Last week, a number of friends, colleagues, and outside attorneys emailed me this post from Josh Blackman. It seems that both UC Davis and UC Berkeley are requiring law review authors to disclose their race and sex when submitting articles for … Continue reading