Tuesday, October 15, 2013
Courts - Another big case today before the SCOTUS, this time it is affirmative action in higher education
Last week it was campaign finance regulation, today it is affirmative action. Nina Totenberg has this report at NPR, headed "Supreme Court Returns To Affirmative Action In Michigan Case." Some quotes:
The U.S. Supreme Court takes up the issue of affirmative action again Tuesday, but this time the question is not whether race may be considered as a factor in college admissions. Instead, this case tests whether voters can ban affirmative-action programs through a referendum.How Appealing has collected some other stories here.
In 2003, the the University of Michigan Law School's affirmative-action policy. The next day, opponents of affirmative action launched a referendum campaign to bar such programs, and in 2006, voters overwhelmingly approved a ballot initiative amending the state constitution to ban affirmative-action programs in higher education.
Michigan's state colleges and universities promptly abandoned any use of race or ethnicity to promote diversity, and minority enrollment plummeted. In 2012, a federal appeals court ruled that the referendum itself was discriminatory, and the U.S. Supreme Court stepped in to decide the issue. * * *
At issue in Tuesday's case is not just the Michigan affirmative-action referendum, but a line of Supreme Court decisions dating back to 1969. Those decisions established the so-called "political process doctrine" and struck down state referenda that the court said targeted racial minorities. In one case, for example, the state referendum prohibited a local busing program that was used to desegregate schools. * * *
The elephant in the room in this case, of course, is the whole question of affirmative action in higher education.
Posted by Marcia Oddi on October 15, 2013 08:08 AM
Posted to Courts in general