SCOTUS upholds Michigan affirmative-action ban

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The Supreme Court of the United States by a vote of 6-2 Tuesday upheld Michigan’s constitutional amendment banning the use of affirmative action by its public universities.

Justice Anthony Kennedy delivered the decision in Schuette v. Coalition to Defend Affirmative Action, 12-682, upholding Article I, Section 26 of the Michigan Constitution, which prohibits the use of race-based preferences as part of the admissions process for state universities. Michigan residents voted to add that language to their Constitution.

Kennedy pointed out the issue before the court is about whether and in what manner voters in the states may choose to prohibit the consideration of such racial preferences.

In 2003 the Supreme Court reviewed the constitutionality of two admissions systems at the University of Michigan, one for its undergraduate class and one for its law school, which permitted the explicit consideration of an applicant’s race. The undergraduate admissions plan was addressed in Gratz v. Bollinger, 539 U. S. 244, in which the justices invalidated the plan as a violation of the Equal Protection Clause. The law school admission plan was addressed in Grutter v. Bollinger, 539 U. S. 306, in which the court found no constitutional flaw in the law school admission plan’s more limited use of race-based preferences.

As a result of those decisions, voters in 2006 adopted the amendment at issue that includes a prohibition of race-based preferences as part of the admissions process for state universities.

“This case is not about how the debate about racial preferences should be resolved. It is about who may resolve it. There 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. Deliberative debate on sensitive issues such as racial preferences all too often may shade into rancor. But that does not justify removing certain court-determined issues from the voters’ reach.  Democracy does not presume that some subjects are either too divisive or too profound for public debate,” Kennedy wrote.

Justice Sonia Sotomayor filed a 58-page dissent, in which Justice Ruth Bader Ginsburg joined. Sotomayor wrote, “While our Constitution does not guarantee minority groups victory in the political process, it does guarantee them meaningful and equal access to that process. It guarantees that the majority may not win by stacking the political process against minority groups permanently, forcing the minority alone to surmount unique obstacles in pursuit of its goals—here, educational diversity that cannot reasonably be accomplished through race-neutral measures. Today, by permitting a majority of the voters in Michigan to do what our Constitution  forbids, the Court ends the debate over race-sensitive admissions  policies in Michigan in a manner that contravenes constitutional protections long recognized in our precedents.”

Justice Elena Kagan did not participate in the case.



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  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

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  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.