I was just on CNN discussing the decision in Schuette v. BAMN, reversing the United States Court of Appeals for the Sixth Circuit and declaring that the citizens of Michigan have the constitutional authority to prohibit racial and other preferences in university admissions. We addressed this case this term in my Supreme Court class and the students voted not only in the same way as the majority today but predicted this result. What was surprising was the vote — 6-2. Only Justice Sotomayor and Ginsberg voted to upheld the Sixth Circuit.
This is clearly a breakthrough decision for those who have opposed racial and other preferences in admissions. In the past, these issues have inevitably ended up in the courts as the final arbiter of the constitutionality of affirmative action programs. Now, the Supreme Court is saying overwhelmingly that citizens can make these decisions for themselves. It creates a clear avenue by which affirmative action could be curtailed by direct action of the voters — bringing clarity that many have sought for decades of conflicted judicial rulings. Seven states have similar rules but this decision is likely to encourage others to follow suit.
Justice Kennedy wrote the main decision, which limited the political-process line of cases represented by Parents Involved in Community Schools v. Seattle School District. Kennedy stressed that “This case is not about how the debate about racial preferences should be resolved. It is about who may resolve it.” In the view of the majority “[t]here is no authority in the Constitution of the United States or in this court’s precedents for the judiciary to set aside Michigan laws that commit this policy determination to the voters. . . Democracy does not presume that some subjects are either too divisive or too profound for public debate.”
Justice Scalia wanted to go even further and get rid of much of that jurisprudence. However, this decision is potentially sweeping enough for most of the justices. Chief Justice Roberts and Alito joined Kennedy though Roberts filed a concurring opinion. Thomas joined with Scalia in his concurrence in arguing to go all the way in gutting the political-process line of cases. Justice Breyer concurred in the judgment while Justices Sotomayor and Ginsburg dissented. Justice Kagan probably would have joined in that dissent but recused herself. Even with Kagan however the vote would still have been lopsided at 6-3. Instead, it stands at 6-2. That is a sharp departure from the historically razor thin margins in cases like Grutter, Gratz, and others.
Sotomayor wrote a 58 page dissent (longer than all of the other opinions combined) and objected that the Court needed to limit voters because “without checks, democratically approved legislation can oppress minority groups.”
At 58 pages, Sotomayor’s dissent was longer than the combined length of the four opinions in support of the outcome.
In our vote, the Supreme Court seminar voted 11-4 in favor of reversing the Sixth Circuit and 11-4 in predicting that that “other Supreme Court” would also reverse. The United States Supreme Court (while producing multiple opinions) proved less ideologically divided in the outcome than the Sixth Circuit. On the lower court decision upholding the dismissal of the action, the eight judges in the majority were nominees by Democratic presidents while the seven judges in dissent were appointed by Republican presidents.
Here is the opinion.
And I talked about them how? Please cite me. And if you are the cookie man then you must be an elf and live in a tree. That may be a trademark violation, btw.
keebler – how much does Daily Kos pay you?
You talked about Aryan’s yesterday, yes you did. No one is harassing about employment. I am Mr Keebler, I am the cookie man, other than that I live in a knoll.
Well you know those Brietbart Kontractors, they pad the payroll anyway they can, they have to spend those “netting” for dollars…..
Type, read, rotfl, gasp, google and finally the critical piece……..think
And to keep up with Paul, I have to read another five hundred and ninety more blogs. (I’ve taken the liberty to credit him with 600 blogs a day finding the idea of 700 blogs a day as something of an exaggeration.)
Thank you Feynman.
Mr. Schulte,
I asked you where you taught, yesterday you were speaking of the Aryan’s that lived near you, so I was just guessing that would be the place for you. If you think I am harassing you, how do you think others feel about your baiting?
No I generally stay off of sites that are known targets of the NSA and HSA. Why don’t you share the sites with us though.
I do not remember speaking of any Aryan’s who lived near me, would you mind referencing it. And harassing someone about their employment, especially when someone is both anonymous and private about their own, is both rude and uncivil as Annie would say. If my employment is fair game, then so is yours.
Mr.Keebler.
“government watch list”.
Verrrrry good! I forget who won yesterday, but I think it’s yours today.
You have to type a lot faster. 🙂
keebler – I did pay the plumber, but I was just adding all the things during the day. You had missed the comments on Bundy, so I know you were not keeping up. If you want to follow me you are on your own. Seek and ye shall find. And don’t be afraid of the government watch list, geez, NSA is watching everybody.
I can blog from jail if there is a problem but I am hoping for OR. I have two other relatives helping me with the search, so the cell could be crowded.
If you are saying I taught for the aryan nation you are harassing me. Still, I have come to expect that of you.
My note @ 8:43 is in response to Paul’s note @ 8:35.
Paul, remember that famous Gable and Leigh line from GWTW? It starts with…Frankly, my…………………….
The last five words are especially appropriate at this moment.
Those statements will not be germane to his court case but will hurt his support base.
Paul,
Didn’t you already pay the plumber to fix the toilet? I am keeping up. No one is harassing you for teaching for the aryan nation. What other blogs do you post on and under what name, I’d like to follow those unless they are under the government watch list. Yeah, I just finished 5 hours of music and 2 movies.
Are you sure your relative want you tracking them down, some might think that’s stalking. Oh well, when the judge set your bond you’ll be back here I am sure.
Karen,
to clarify…..hit the NYT yesterday, but I think Bundy made the remarks on….Saturday? He has been holding daily “briefings” whether press is there or not. Guess he held one too many. There is no resurrecting this man.
Karen, re Bundy and Slavery
I think it hit the NYT Wednesday.
I put Krugman in the same category as Beck and I read neither.
Karen S. – some slaves had families and some didn’t. Each plantation was its own empire. Many slaves went back to work on their old plantation as tenant farmers after the War of Northern Aggression.
Karen, believe it or not, I’ve already read the Glenn Beck post. I’m on his mailing list so I can keep up with trends. He deserves Bundy praise. Further, he withheld judgement from the beginning. Not so dumb. But don’t press me too hard about additional assessments. It’s kinda fun, but dangerous, to follow him. I’ll read his latest crazy talk but before falling down laughing, I’ve learned to go check out that little core of his idea, and damn, if there isn’t (sometimes, but often enough that I’ve learned to be careful) something to it. Oh well, maybe it builds my character.
I’m gonna read the Iceland piece, but are you TRYING to convert me? Fox again! Do you read Krugman? I might have to do a little sharing…
I myself have said that we need to find a better way for ranchers and the BLM to work together. I said that Bundy might have had legitimate complaints, but it was the wrong move to just not pay his grazing fees all these years out of protest.
But I do not support racism. And no one can say that people who think the BLM went in armed to the teeth, or that it was wrong to kill all those cows and bury them in the desert as a total waste, or that maybe the feds own too much land that should be handled by the states – you can’t say, you all are racist because look, it turns out this guy is a racist. So if you every said he had a valid complaint, then you are racist. Don’t go there.