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 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

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

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

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

More on the Sixth Circuit’s Proposal 2 decision

Last Friday I explained the Sixth Circuit’s embarrassing decision to strike down Michigan’s Proposal 2.  President of the National Association of Scholars (and longtime PLF friend) Peter Wood, has been assembling similar reactions to the Sixth Circuit’s decision.  For example, here … 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

Proposal 2 struck down by the Sixth Circuit

The Sixth Circuit, sitting en banc, declared Proposal 2 unconstituional under the Equal Protection Clause today. Proposal 2 is Michigan’s landmark constitutional amendment that banned racial preferences and discrimination by state and local government. Think about that for a second … Continue reading

Proposal 2 in front of the full Sixth Circuit today

Today, the Sixth Circuit, sitting en banc, will be hearing the case of Coalition to Defend Affirmative Action v. Regents of the University of Michigan. This case challenges the constitutionality of Proposal 2, a statewide constitutional amendment that banned the … Continue reading