Schuette v. Coalition to Defend Affirmative Action
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 12-682 | 6th Cir. | Oct 15, 2013 | Apr 22, 2014 | 6-2 | Kennedy | OT 2013 |
Disclosure: Kevin Russell of Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is among the counsel on an amicus brief in support of the respondents.
Holding: An amendment to Michigan’s constitution that prohibits state universities from considering race as part of its admissions process does not violate the Constitution’s Equal Protection Clause.
Judgment: Reversed, 6-2, in an opinion by Justice Kennedy on April 22, 2014. The Chief Justice and Justice Alito join the opinion in full. Justice Scalia filed an opinion concurring in the judgement, in which Justice Thomas joined. Justice Breyer also filed an opinion concurring in the judgement. Justice Sotomayor filed a dissenting opinion, in which Justice Ginsburg joined. (Kagan, J., recused)
SCOTUSblog Coverage
- A “view” from the Court: Big arguments, preceded by an even bigger opinion (Mark Walsh, April 22, 2014)
- Opinion analysis: Affirmative action -- up to the voters (Lyle Denniston, April 22, 2014)
- Counting the votes: Today's affirmative action argument, in Plain English (Amy Howe, October 15, 2013)
- Argument recap: Figuring out Kennedy -- again (Lyle Denniston, October 15, 2013)
- Argument preview: Race's role on campus, in society (Lyle Denniston, October 12, 2013)
- Schuette symposium: Keep it simple (Melissa Hart, September 16, 2013)
- Schuette symposium: The parade of horribles lives (Gail Heriot, September 13, 2013)
- Schuette and the executive branch’s function in constitutional litigation (John Neiman, September 12, 2013)
- Schuette symposium: Racial supremacy (Girardeau Spann, September 11, 2013)
- Symposium: Schuette tests limits on public control of public-university admissions (Michael F. Smith, September 10, 2013)
- Schuette v. Coalition to Defend Affirmative Action: The intellectual confusion that surrounds affirmative action today (Richard A. Epstein, September 9, 2013)
- Symposium announcement: Schuette v. Coalition to Defend Affirmative Action (Kali Borkoski, September 9, 2013)
- SCOTUS for law students (sponsored by Bloomberg Law): Affirmative action in Texas and Michigan (Stephen Wermiel, May 1, 2013)
- Court to rule on affirmative action ban (Lyle Denniston, March 25, 2013)
- Petition of the day (Mary Pat Dwyer, March 21, 2013)
| Date | Proceedings and Orders |
|---|---|
| Nov 28 2012 | Petition for a writ of certiorari filed. (Response due January 3, 2013) |
| Nov 28 2012 | Supplemental Appendix of Bill Schuette, Attorney General of Michigan filed. |
| Dec 5 2012 | Order extending time to file response to petition to and including February 4, 2013, for all respondents. |
| Dec 19 2012 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner. |
| Dec 27 2012 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for certain respondents Chase Cantrell, et al. |
| Dec 28 2012 | Waiver of right of respondent Eric Russell to respond filed. |
| Jan 2 2013 | Motion for leave to file amicus brief filed by David Boyle. |
| Jan 3 2013 | Brief amici curiae of Arizona, et al. filed. |
| Jan 3 2013 | Brief amicus curiae of Michigan Republican Party filed. |
| Jan 3 2013 | Brief amici curiae of California Association of Scholars, and Center for Constitutional Jurisprudence filed. |
| Jan 3 2013 | Brief amici curiae of XIV Foundation, et al. filed. |
| Jan 3 2013 | Brief amici curiae of Pacific Legal Foundation, et al. filed. |
| Jan 3 2013 | Brief amici curiae of Former Attorneys of the Department of Justice Civil Rights Division filed. |
| Jan 8 2013 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondent Eric Russell. |
| Jan 10 2013 | Consent to the filing of amicus curiae briefs, in support of either party or neither party, received from counsel for respondents Coalition to Defend Affirmative Action, et al. |
| Jan 14 2013 | Waiver of right of respondents Regents of the University of Michigan, et al. to respond filed. |
| Jan 14 2013 | Consent to the filing of amicus curiae briefs, in suport of either party or of neither party, received from counsel for the respondents University of Michigan, and Michigan State University. |
| Jan 17 2013 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondent Wayne State University. |
| Feb 4 2013 | Brief of respondents Chase Cantrell, et al. in opposition filed. |
| Feb 4 2013 | Brief of respondents Coalition to Defend Affirmative Action, et al. in opposition filed. |
| Feb 12 2013 | Reply of petitioner Bill Schuette, Attorney General of Michigan filed. |
| Feb 20 2013 | DISTRIBUTED for Conference of March 15, 2013. |
| Mar 18 2013 | DISTRIBUTED for Conference of March 22, 2013. |
| Mar 25 2013 | Motion for leave to file amicus brief filed by David Boyle GRANTED. Justice Kagan took no part in the consideration or decision of this motion. |
| Mar 25 2013 | Petition GRANTED. Justice Kagan took no part in the consideration or decision of this petition. |
| Apr 22 2013 | The time to file the joint appendix and petitioner's brief on the merits is extended to and including June 24, 2013. |
| Apr 22 2013 | The time to file respondents' briefs on the merits is extended to and including August 23, 2013. |
| Apr 25 2013 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for Coalition to Defend Affirmative Action, et al. |
| Apr 25 2013 | Consent to the filing of amicus curiae briefs in support of either party or neither party received from counsel for respondent Eric Russell. |
| May 3 2013 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner. |
| May 9 2013 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party received from counsel for Chase Cantrell respondents. |
| May 16 2013 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondents University of Michigan, and Michigan State University. |
| Jun 10 2013 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondent Wayne State University. |
| Jun 24 2013 | Brief of respondent Eric Russell in support of petitioner filed. |
| Jun 24 2013 | Brief amici curiae of Professor Carl Cohen, et al. filed. |
| Jun 24 2013 | Joint appendix filed. (Statement of costs filed) |
| Jun 24 2013 | Brief of petitioner Bill Schuette, Attorney General of Michigan filed. |
| Jul 1 2013 | Brief amici curiae of American Civil Rights Union, et al. filed. |
| Jul 1 2013 | Brief amici curiae of Judicial Watch, Inc., et al. filed. |
| Jul 1 2013 | Brief amicus curiae of Judicial Education Project filed. |
| Jul 1 2013 | Brief amici curiae of California Association of Scholars, et al. filed. |
| Jul 1 2013 | Brief amicus curiae of Richard Sander filed. |
| Jul 1 2013 | Brief amici curiae of XIV Foundation and supporters of civil rights initiatives in Michigan, et al. filed. |
| Jul 1 2013 | Brief amicus curiae of Mountain States Legal Foundation filed. |
| Jul 1 2013 | Brief amici curiae of Pacific Legal Foundation, et al. filed. |
| Jul 1 2013 | Brief amici curiae of Former Attorneys of the Department of Justice Civil Rights Division filed. |
| Jul 1 2013 | Brief amicus curiae of Asian American Legal Foundation filed. |
| Jul 1 2013 | Brief amici curiae of Arizona, et al. filed. |
| Jul 1 2013 | Brief amicus curiae of David Boyle filed. |
| Jul 22 2013 | CIRCULATION. |
| Jul 23 2013 | SET FOR ARGUMENT on Tuesday October 15, 2013. |
| Aug 8 2013 | Record from U.S.C.A. for 6th Circuit is electronic (Not PACER) . |
| Aug 21 2013 | The time to file the brief of only the respondents Coalition to Defend Affirmative Action, et al. is extended to and including August 30, 2013. NOTE: Amiucs curiae briefs in support of any and all respondents are due within 7 days of the August 23, 2013, filing deadline for all other respondents briefs. |
| Aug 21 2013 | Brief of respondents Regents of the University of Michigan, et al. filed. (Distributed) |
| Aug 22 2013 | Brief of respondents Board of Governors of Wayne State University and Irvin Reid filed. (Distributed) |
| Aug 23 2013 | Brief of respondents Chase Cantrell, et al. filed. (Distributed) |
| Aug 27 2013 | Brief amici curiae of Committee of Law Professors filed. (Distributed) |
| Aug 28 2013 | Brief amicus curiae of San Francisco Bay Area Rapid Transit District filed. (Distributed) |
| Aug 30 2013 | Brief amici curiae of Political Scientists Gary Segura, et al. filed. (Distributed) |
| Aug 30 2013 | Brief amici curiae of Paul Finkelman and 75 Other Historians and Scholars filed. (Distributed) |
| Aug 30 2013 | Brief amici curiae of American Council on Education and 48 Other Higher Education Organizations filed. (Distributed) |
| Aug 30 2013 | Brief amici curiae of California Social Science Researchers and Admissions Experts filed. (Distributed) |
| Aug 30 2013 | Brief amici curiae of Political Scientists Donald R. Kinder, et al. filed. (Distributed) |
| Aug 30 2013 | Brief amicus curiae of Civil Rights Project/Proyecto Derechos Civiles filed. (Distributed) |
| Aug 30 2013 | Brief of respondents Coalition to Defend Affirmative Action, Integration and Immigrant Rights and Fight for Equality By Any Means Necessary (BAMN), et al. filed. (Distributed) |
| Aug 30 2013 | Brief amici curiae of States of California, et al. filed. (Distributed) |
| Aug 30 2013 | Brief amicus curiae of Society of American Law Teachers filed. (Distributed) |
| Aug 30 2013 | Brief amicus curiae of Anti-Defamation League filed. (Distributed) |
| Aug 30 2013 | Brief amici curiae of San Francisco Unified School District, et al. filed. (Distributed) |
| Aug 30 2013 | Brief amici curiae of Constitutional and Local Government Law Scholars Michelle Wilde Anderson, et al. filed. (Distributed) |
| Aug 30 2013 | Brief amici curiae of National Education Association, et al. filed. (Distributed) |
| Aug 30 2013 | Brief amici curiae of National School Boards Association, et al. filed. (Distributed) |
| Aug 30 2013 | Brief amicus curiae of Michigan Civil Rights Commission filed. (Distributed) |
| Aug 30 2013 | Brief amici curiae of The Leadership Conference on Civil and Human Rights and The Leadership Conference Education Fund, et al. filed. (Distributed) |
| Aug 30 2013 | Brief amici curiae of President and Chancellors of the University of California filed. (Distributed) |
| Sep 6 2013 | Motion for divided argument filed by respondents Chase Cantrell, et al. |
| Sep 6 2013 | Motion for divided argument and enlargement of time for oral argument filed by respondents Coalition to Defend Affirmative Action, Integration and Immigrant Rights and Fight for Equality By Any Means Necessary (BAMN), et al. |
| Sep 23 2013 | Reply of petitioner Bill Schuette, Attorney General of Michigan filed. (Distributed) |
| Oct 1 2013 | Motions of respondents for divided argument are granted, and the time is to be divided as follows: 15 minutes for respondents Chase Cantrell, et al. and 15 minutes for respondents Coalition to Defend Affirmative Action, et al. Justice Kagan took no part in the consideration or decision of these motions. |
| Oct 1 2013 | Record from U.S.D.C. for Eastern District of Michigan is electronic and located on PACER. |
| Oct 15 2013 | Argued. For petitioner: John J. Bursch, Solicitor General, Lansing, Mich. For Cantrell respondents: Mark D. Rosenbaum, Los Angeles, Cal. For Coalition to Defend Affirmative Action respondents: Shanta Driver, Detroit, Mich. |
| Oct 17 2013 | Proposal of petitioner to lodge copies of University of Michigan statistics. |
| Oct 21 2013 | Response of Cantrell respondents in opposition to lodging proposal. |
| Oct 21 2013 | Response of Wayne State University, et al. in opposition to lodging proposal. |
| Oct 21 2013 | Response of University of Michigan, et al. in opposition to lodging proposal. |
| Oct 22 2013 | Response of Coalition to Defend Affirmative Action, et al. in opposition to lodging proposal. |
| Apr 22 2014 | Judgment REVERSED. Kennedy, J., announced the judgment of the Court and delivered an opinion, in which Roberts, C. J., and Alito, J., joined. Roberts, C. J., filed a concurring opinion. Scalia, J., filed an opinion concurring in the judgment, in which Thomas, J., joined. Breyer, J., filed an opinion concurring in the judgment. Sotomayor, J., filed a dissenting opinion, in which Ginsburg, J., joined. Kagan, J., took no part in the consideration or decision of the case. |
| May 27 2014 | JUDGMENT ISSUED. |
