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 |
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
- Opinion analysis: Affirmative action -- up to the voters (Lyle Denniston, April 22, 2014)
- A view from the Court: Big arguments, preceded by an even bigger opinion (Mark Walsh, April 22, 2014)
- Counting the votes: Today's affirmative action argument, in Plain English (Amy Howe, October 16, 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 branchs 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)
- Symposium announcement: Schuette v. Coalition to Defend Affirmative Action (Kali Borkoski, September 9, 2013)
- Schuette v. Coalition to Defend Affirmative Action: The intellectual confusion that surrounds affirmative action today (Richard A. Epstein, 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 22, 2013)
| Date | Proceedings and Orders |
|---|---|
| 11/28/2012 | Petition for a writ of certiorari filed. (Response due January 3, 2013) |
| 11/28/2012 | Supplemental Appendix of Bill Schuette, Attorney General of Michigan filed. |
| 12/05/2012 | Order extending time to file response to petition to and including February 4, 2013, for all respondents. |
| 12/19/2012 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner. |
| 12/27/2012 | 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. |
| 12/28/2012 | Waiver of right of respondent Eric Russell to respond filed. |
| 01/02/2013 | Motion for leave to file amicus brief filed by David Boyle. |
| 01/03/2013 | Brief amici curiae of Arizona, et al. filed. |
| 01/03/2013 | Brief amicus curiae of Michigan Republican Party filed. |
| 01/03/2013 | Brief amici curiae of California Association of Scholars, and Center for Constitutional Jurisprudence filed. |
| 01/03/2013 | Brief amici curiae of XIV Foundation, et al. filed. |
| 01/03/2013 | Brief amici curiae of Pacific Legal Foundation, et al. filed. |
| 01/03/2013 | Brief amici curiae of Former Attorneys of the Department of Justice Civil Rights Division filed. |
| 01/08/2013 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondent Eric Russell. |
| 01/10/2013 | 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. |
| 01/14/2013 | Waiver of right of respondents Regents of the University of Michigan, et al. to respond filed. |
| 01/14/2013 | 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. |
| 01/17/2013 | 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. |
| 02/04/2013 | Brief of respondents Chase Cantrell, et al. in opposition filed. |
| 02/04/2013 | Brief of respondents Coalition to Defend Affirmative Action, et al. in opposition filed. |
| 02/12/2013 | Reply of petitioner Bill Schuette, Attorney General of Michigan filed. |
| 02/20/2013 | DISTRIBUTED for Conference of March 15, 2013. |
| 03/18/2013 | DISTRIBUTED for Conference of March 22, 2013. |
| 03/25/2013 | 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. |
| 03/25/2013 | Petition GRANTED. Justice Kagan took no part in the consideration or decision of this petition. |
| 04/22/2013 | The time to file the joint appendix and petitioner's brief on the merits is extended to and including June 24, 2013. |
| 04/22/2013 | The time to file respondents' briefs on the merits is extended to and including August 23, 2013. |
| 04/25/2013 | 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. |
| 04/25/2013 | Consent to the filing of amicus curiae briefs in support of either party or neither party received from counsel for respondent Eric Russell. |
| 05/03/2013 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner. |
| 05/09/2013 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party received from counsel for Chase Cantrell respondents. |
| 05/16/2013 | 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. |
| 06/10/2013 | 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. |
| 06/24/2013 | Brief of respondent Eric Russell in support of petitioner filed. |
| 06/24/2013 | Brief amici curiae of Professor Carl Cohen, et al. filed. |
| 06/24/2013 | Joint appendix filed. (Statement of costs filed) |
| 06/24/2013 | Brief of petitioner Bill Schuette, Attorney General of Michigan filed. |
| 07/01/2013 | Brief amici curiae of American Civil Rights Union, et al. filed. |
| 07/01/2013 | Brief amici curiae of Judicial Watch, Inc., et al. filed. |
| 07/01/2013 | Brief amicus curiae of Judicial Education Project filed. |
| 07/01/2013 | Brief amici curiae of California Association of Scholars, et al. filed. |
| 07/01/2013 | Brief amicus curiae of Richard Sander filed. |
| 07/01/2013 | Brief amici curiae of XIV Foundation and supporters of civil rights initiatives in Michigan, et al. filed. |
| 07/01/2013 | Brief amicus curiae of Mountain States Legal Foundation filed. |
| 07/01/2013 | Brief amici curiae of Pacific Legal Foundation, et al. filed. |
| 07/01/2013 | Brief amici curiae of Former Attorneys of the Department of Justice Civil Rights Division filed. |
| 07/01/2013 | Brief amicus curiae of Asian American Legal Foundation filed. |
| 07/01/2013 | Brief amici curiae of Arizona, et al. filed. |
| 07/01/2013 | Brief amicus curiae of David Boyle filed. |
| 07/22/2013 | CIRCULATION. |
| 07/23/2013 | SET FOR ARGUMENT on Tuesday October 15, 2013. |
| 08/08/2013 | Record from U.S.C.A. for 6th Circuit is electronic (Not PACER) . |
| 08/21/2013 | 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. |
| 08/21/2013 | Brief of respondents Regents of the University of Michigan, et al. filed. (Distributed) |
| 08/22/2013 | Brief of respondents Board of Governors of Wayne State University and Irvin Reid filed. (Distributed) |
| 08/23/2013 | Brief of respondents Chase Cantrell, et al. filed. (Distributed) |
| 08/27/2013 | Brief amici curiae of Committee of Law Professors filed. (Distributed) |
| 08/28/2013 | Brief amicus curiae of San Francisco Bay Area Rapid Transit District filed. (Distributed) |
| 08/30/2013 | Brief amici curiae of Political Scientists Gary Segura, et al. filed. (Distributed) |
| 08/30/2013 | Brief amici curiae of Paul Finkelman and 75 Other Historians and Scholars filed. (Distributed) |
| 08/30/2013 | Brief amici curiae of American Council on Education and 48 Other Higher Education Organizations filed. (Distributed) |
| 08/30/2013 | Brief amici curiae of California Social Science Researchers and Admissions Experts filed. (Distributed) |
| 08/30/2013 | Brief amici curiae of Political Scientists Donald R. Kinder, et al. filed. (Distributed) |
| 08/30/2013 | Brief amicus curiae of Civil Rights Project/Proyecto Derechos Civiles filed. (Distributed) |
| 08/30/2013 | 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) |
| 08/30/2013 | Brief amici curiae of States of California, et al. filed. (Distributed) |
| 08/30/2013 | Brief amicus curiae of Society of American Law Teachers filed. (Distributed) |
| 08/30/2013 | Brief amicus curiae of Anti-Defamation League filed. (Distributed) |
| 08/30/2013 | Brief amici curiae of San Francisco Unified School District, et al. filed. (Distributed) |
| 08/30/2013 | Brief amici curiae of Constitutional and Local Government Law Scholars Michelle Wilde Anderson, et al. filed. (Distributed) |
| 08/30/2013 | Brief amici curiae of National Education Association, et al. filed. (Distributed) |
| 08/30/2013 | Brief amici curiae of National School Boards Association, et al. filed. (Distributed) |
| 08/30/2013 | Brief amicus curiae of Michigan Civil Rights Commission filed. (Distributed) |
| 08/30/2013 | Brief amici curiae of The Leadership Conference on Civil and Human Rights and The Leadership Conference Education Fund, et al. filed. (Distributed) |
| 08/30/2013 | Brief amici curiae of President and Chancellors of the University of California filed. (Distributed) |
| 09/06/2013 | Motion for divided argument filed by respondents Chase Cantrell, et al. |
| 09/06/2013 | 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. |
| 09/23/2013 | Reply of petitioner Bill Schuette, Attorney General of Michigan filed. (Distributed) |
| 10/01/2013 | 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. |
| 10/01/2013 | Record from U.S.D.C. for Eastern District of Michigan is electronic and located on PACER. |
| 10/15/2013 | 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. |
| 10/17/2013 | Proposal of petitioner to lodge copies of University of Michigan statistics. |
| 10/21/2013 | Response of Cantrell respondents in opposition to lodging proposal. |
| 10/21/2013 | Response of Wayne State University, et al. in opposition to lodging proposal. |
| 10/21/2013 | Response of University of Michigan, et al. in opposition to lodging proposal. |
| 10/22/2013 | Response of Coalition to Defend Affirmative Action, et al. in opposition to lodging proposal. |
| 04/22/2014 | 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. |
| 05/27/2014 | JUDGMENT ISSUED. |
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.
Issue: Whether a state violates the Equal Protection Clause by amending its constitution to prohibit race- and sex-based discrimination or preferential treatment in public-university admissions decisions. (Kagan, J., recused.)