May 16, 2014
Schuette v. BAMN: the Post-game Report
The Boston Globe described it as “tyranny of the majority.” Media Matters accused the Supreme Court of overturning longstanding precedent on civil rights law. And MSNBC accused the high court of refusing to acknowledge the existence of racism. This outpouring of anguish was occasioned by the Supreme Court’s 6-2 decision to uphold Michigan’s ban on affirmative action.
In reality, the court issued a very narrow ruling that affirmed past precedent while upholding Michigan’s ban. The Sixth Circuit Court based their decision on an obscure legal precedent known as “political process doctrine.” Two of the six justices, Clarence Thomas and Anthony Scalia, signed a concurring opinion arguing that the decisions establishing process doctrine should be overturned; the other four justices in the majority did not.
In 1967, Nellie Hunter sued the city of Akron after a real estate agent had refused to show her a number of houses on account of her race....(Read Full Article)