Wednesday, July 25, 2018

Time for the South to Ban Affirmative Action

The leading authority on this aspect of affirmative action is Schuette v. Coalition to Defend Affirmative Action (2014), in which the U.S. Supreme Court ruled (by a plurality) that it is permissible for a state to ban affirmative action.  The case arose out of a voter-approved initiative amending the constitution of Michigan that made affirmative action illegal in public education, public employment and public contracting (with the exception of actions mandated by federal law or where federal funding is needed).  The plurality opinion was written by Justice Anthony Kennedy, joined by Chief Justice Roberts and Justice Alito, and with the concurrence of Justices Scalia and Thomas.

No comments:

Post a Comment