Bench Memos

Schuette v. Coalition to Defend Affirmative Action

The Supreme Court will take up another racial-preferences case next term, this time in Schuette v. Coalition to Defend Affirmative Action. The case involves Michigan’s state constitutional ban on affirmative action in state universities, which the Sixth Circuit held to violate the Equal Protection Clause. It applied the “political process doctrine,” which bars laws that make it more difficult for minority groups to secure certain types of legislation but other courts have refused to apply to actual guarantees of equal treatment.

My organization, the Judicial Education Project, has filed an amicus curiae brief supporting Michigan’s ban. Read the whole brief

Carrie Severino — Carrie Severino is chief counsel and policy director to the Judicial Crisis Network.

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