Conservatives may be disappointed with the upcoming decision in Schuette v. Coalition, (the Supreme Court case involving Michigan’s ban on racial preferences). Unfortunately, the appellate court’s decision to strike down Michigan’s ban had basis in precedent. Hunter v. Erickson established something known as process doctrine, which holds that laws which reorder the political process to obstruct the ability of minorities to enact legislation violate the equal protection clause. Critics of the appellate court’s decision largely ignored this precedent. While the court could overturn the appellate court’s decision, while leaving process doctrine intact; it shouldn’t. In 1964, the Akron City Council enacted a fair housing ordinance barring racial and religious discrimination in the housing market. Afterwards, voters passed a referendum requiring that any legislation dealing with housing discrimination be approved by a majority of voters. Because this...(Read Full Post)