Chief Justice John Roberts’s concurrence in Schuette v. Coalition to Defend Affirmative Action

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Chief Justice John Roberts’s concurrence in Schuette v. Coalition to Defend Affirmative Action is a Supreme Court opinion emphasizing judicial restraint and the legitimacy of voter decisions to prohibit race-based affirmative action policies in public education.

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Statements (47)

Predicate Object
instanceOf Supreme Court concurrence opinion
acknowledges precedent allowing some consideration of race in higher education admissions under strict scrutiny
addresses interpretation of the Equal Protection Clause in the context of direct democracy
argues courts should not disempower voters from deciding whether to allow race-based preferences
asserts the Constitution does not guarantee minority groups a particular political process outcome
the political-process doctrine should be applied narrowly
author John G. Roberts Jr. NERFINISHED
caseCitation Schuette v. Coalition to Defend Affirmative Action, 572 U.S. 291 (2014) NERFINISHED
characterizes race-based affirmative action as a policy question for voters and legislatures
the dissent as reintroducing racial considerations into every political decision
cites Gratz v. Bollinger NERFINISHED
Grutter v. Bollinger NERFINISHED
Parents Involved in Community Schools v. Seattle School District No. 1 NERFINISHED
clarifies Schuette decides who may resolve the debate over affirmative action
Schuette does not decide the constitutionality of affirmative action itself
his prior statement in Parents Involved in Community Schools v. Seattle School District No. 1
concerns Michigan Proposal 2 (2006) NERFINISHED
concursIn upholding Michigan’s Proposal 2
contextOf public higher education admissions
country United States of America
surface form: United States
court Supreme Court of the United States
criticizes framing of the case as about whether the Constitution forbids the majority from doing what it may choose to do
dateDecided 2014-04-22
distinguishesFrom Hunter v. Erickson NERFINISHED
Washington v. Seattle School District No. 1 NERFINISHED
emphasizes deference to democratic processes
judicial restraint
focusesOn limits of judicial power in reviewing voter initiatives
frames the case as about the role of the judiciary versus the role of voters
holds Michigan voters may choose to prohibit race-based preferences in public university admissions
joinsJudgmentOf plurality opinion of Justice Anthony Kennedy
jurisdiction United States of America
surface form: United States
language English
legalIssue Equal Protection Clause of the Fourteenth Amendment NERFINISHED
constitutionality of state bans on race-based affirmative action in public education
opposes dissenting opinion of Justice Sonia Sotomayor NERFINISHED
partOf Schuette v. Coalition to Defend Affirmative Action NERFINISHED
publishedIn United States Reports NERFINISHED
rejects use of the political-process doctrine to invalidate Michigan’s constitutional amendment
respondsTo Justice Sotomayor’s discussion of race and democracy
states the way to stop discrimination on the basis of race is to stop discriminating on the basis of race is not a universal command of the Constitution in all contexts
subjectMatter affirmative action in public university admissions
direct democracy and constitutional law
equal protection and race-conscious policies
supports legitimacy of voter-enacted prohibitions on race-based affirmative action
state autonomy in structuring public university admissions policies
votesWith majority

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Schuette v. Coalition to Defend Affirmative Action (dissent on affirmative action) criticizes Chief Justice John Roberts’s concurrence in Schuette v. Coalition to Defend Affirmative Action