Schuette v. Coalition to Defend Affirmative Action
Issues
Does a state violate the Equal Protection Clause or political-restructuring doctrine by amending the state constitution to prohibit public universities and schools from using race in their admissions processes?
In November 2006, 58% of Michigan voters approved Proposal 2, which created Section 26 of the Michigan Constitution, banning public universities and schools from using race as a factor in admissions decisions. On March 18, 2008, a Michigan District Court ruled the amendment constitutional. In 2011, an en banc panel of the Sixth Circuit reversed and ruled the amendment unconstitutional because it violated the political-restructuring doctrine. Petitioner Bill Schuette, the Attorney General of Michigan, argues that because Section 26 of the Michigan Constitution lacks discriminatory intent it is not a racial classification, and thus the Equal Protection Clause and political-restructuring doctrine do not apply. However, Respondent Coalition to Defend Affirmative Action contends that Section 26 contains racial classifications because it targets racially-conscious admissions plans in public schools. The Supreme Court will decide whether this prohibition of the use of race in university admissions violates the Equal Protection Clause or the political-restructuring doctrine. The Court's decision will have far-reaching implications for admissions policies and racial demographics in public universities and schools throughout the United States.
Questions as Framed for the Court by the Parties
Whether a state violates the Equal Protection Clause by amending its constitution to prohibit race and sex-based discrimination or preferential treatment in the admissions decisions of public universities.
Facts
In November 2006, Michigan voters adopted Proposal 2, an amendment to the Michigan Constitution prohibiting discrimination against or preferential treatment to individuals in public education, government contracting, and public employment on the basis of race, sex, ethnicity, or national origin.
Edited by
- Constitution Daily: A Quick Look at the Next Big Affirmative Action Case (Sept. 13, 2013).
- Inside Counsel, Zach Warren: Supreme Court Set to Decide Major Labor Cases (Sept. 11, 2013).