Wednesday, August 6, 2014 will be a high-profile day at the Sixth Circuit as the Court will hear arguments in five appeals in the battle over same-sex marriages. Below are the cases on the Court’s calendar: DeBoer, et al. v. Snyder, et al., Case No. 14-1341: An appeal from a March 21, 2014 order by … Continue Reading
In a widely anticipated decision, the U.S. Supreme Court ruled on Tuesday of this week in Schuette v. Coalition to Defend Affirmative Action (No. 12-682) (PDF), holding in a 6-2 ruling (with Justice Kagan recusing herself) that Michigan’s Proposal 2 – which amended the Michigan Constitution to prohibit the use of race-based preferences in state … Continue Reading
As regular readers of this blog know, the Sixth Circuit Appellate Blog has been covering the saga involving Michigan’s 2006 voter-approved Proposal 2 outlawing affirmative action since a divided Sixth Circuit panel ruled it unconstitutional (PDF) in July 2011. Following that panel ruling, a nearly evenly split (8-7) en banc ruling by the Sixth Circuit … Continue Reading
The Supreme Court will soon hear oral argument in Schuette v. Coalition to Defend Affirmative Action, et al. (No. 12-682), which is shaping up to be one of the biggest cases in the current term. As this blog has reported (see here and here), the case had polarized the Sixth Circuit, eliciting a strong dissent … Continue Reading
The Sixth Circuit’s decision in United States v. Blewett that the new lower minimum thresholds for crack offenses applies retroactively to otherwise-final sentences under the Equal Protection Clause for incarcerated offenders has attracted lots of attention. As reported at the Sentencing Law & Policy blog, the government is seeking en banc review of the decision, … Continue Reading
This morning, the U.S. Supreme Court accepted certiorari on a case that the Sixth Circuit Appellate Blog has been watching since July 2011: Coalition to Defend Affirmative Action v. Regents of the University of Michigan (6th Cir., Case Nos. 08-1387/1389/1534 & 09-1111). In Coalition to Defend Affirmative Action, Integration and Immigrant Rights and Fight for … Continue Reading
In November 2006, Michigan voters approved, by a 58-to-42 margin, a statewide ballot initiative commonly known as Proposal 2. Proposal 2 amended the Michigan Constitution to prohibit the State of Michigan and its public universities from “discriminat[ing] against, or grant[ing] preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, … Continue Reading
The Sixth Circuit is currently rehearing en banc the constitutionality of Michigan’s Proposal 2, which prohibits Michigan’s public colleges and universities from granting “preferential treatment to . . . any individual or group on the basis of race, sex, color, ethnicity, or national origin.” Back in July of 2011, a divided panel of the Sixth Circuit ruled … Continue Reading
This post is the Sixth Circuit Appellate Blog’s latest update and analysis in a series that has been tracking developments in the ongoing, blockbuster appeal involving Michigan Proposal 2. Last summer, a divided panel of the Sixth Circuit struck down as unconstitutional Proposal 2, which prohibited Michigan’s public colleges and universities from granting “preferential treatment … Continue Reading
On September 9, 2011, the Sixth Circuit voted to rehear en banc the panel decision in Coalition to Defend Affirmative Action, Integration and Immigrant Rights and Fight for Equality by Any Means Necessary v. Regents of the Univ. of Michigan (6th Cir. Nos. 08-1387, 08-1389, 08-1534, 09-1111) (PDF). With Judges Kethledge and McKeague having recused … Continue Reading
As this blog has previously reported, in late July Michigan’s attorney general filed a petition (PDF) for rehearing en banc in Coalition to Defend Affirmative Action, Integration and Immigrant Rights and Fight for Equality by Any Means Necessary v. Regents of the Univ. of Michigan (6th Cir. Nos. 08-1387, 08-1389, 08-1534, 09-1111). In that case, … Continue Reading
As anticipated, Michigan’s attorney general today filed a petition (PDF) for rehearing en banc in Coalition to Defend Affirmative Action, Integration and Immigrant Rights and Fight for Equality by Any Means Necessary v. Regents of the Univ. of Michigan (6th Cir. Nos. 08-1387, 08-1389, 08-1534, 09-1111). As previously reported by this blog, on July 1, … Continue Reading
A divided panel of the Sixth Circuit today struck down an amendment to the Michigan constitution added by voters in 2006 that prohibited Michigan’s public colleges and universities from granting “preferential treatment to[] any individual or group on the basis of race, sex, color, ethnicity, or national origin.” In Coalition to Defend Affirmative Action, Integration … Continue Reading
In a decision that is being called the “most significant” application of Bush v. Gore in the past decade, the Sixth Circuit held that the Hamilton County Board of Elections violated the Equal Protection Clause of the Fourteen Amendment. Judge Moore’s opinion held that the Board could not sufficiently justify its decision to count 27 early … Continue Reading
