Justice Stephen Breyer’s concurrence in Schuette v. Coalition to Defend Affirmative Action

E811279

Justice Stephen Breyer’s concurrence in Schuette v. Coalition to Defend Affirmative Action is an opinion in which he agreed with the Court’s judgment upholding Michigan’s ban on affirmative action while emphasizing deference to the democratic process rather than endorsing a broad rejection of race-conscious admissions.

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Statements (42)

Predicate Object
instanceOf concurring opinion ⓘ
judicial opinion ⓘ
acknowledges that race-conscious admissions can be constitutionally permissible under prior Supreme Court precedents ⓘ
the continuing validity of precedents such as Grutter v. Bollinger permitting limited use of race in admissions ⓘ
aimsTo reconcile deference to voters with protection of constitutional equality principles ⓘ
author Stephen G. Breyer NERFINISHED ⓘ
caseCitation Schuette v. Coalition to Defend Affirmative Action, 572 U.S. 291 (2014) NERFINISHED ⓘ
citationStyle Breyer, J., concurring NERFINISHED ⓘ
clarifies that the Equal Protection Clause does not require states to adopt race-conscious admissions policies ⓘ
that the Equal Protection Clause permits, but does not mandate, certain race-conscious measures ⓘ
concernedWith preserving democratic choice within constitutional limits ⓘ
concludes that the political-process doctrine does not bar Michigan voters from amending their constitution to ban affirmative action in public education ⓘ
concursIn judgment upholding Michigan’s ban on affirmative action in public university admissions ⓘ
concursSeparatelyFrom concurrence by Chief Justice John Roberts ⓘ
plurality opinion by Justice Anthony Kennedy ⓘ
constitutionalProvisionInterpreted Equal Protection Clause of the Fourteenth Amendment NERFINISHED ⓘ
court Supreme Court of the United States ⓘ
date April 22, 2014 ⓘ
disagreesWith application of the political-process doctrine to invalidate Michigan Proposal 2 ⓘ
dissenting opinion by Justice Sonia Sotomayor ⓘ
distinguishes Schuette from Washington v. Seattle School District No. 1 NERFINISHED ⓘ
Schuette from earlier political-process cases such as Hunter v. Erickson NERFINISHED ⓘ
doesNotEndorse a broad constitutional rejection of race-conscious admissions policies ⓘ
emphasizes that the case concerns who may decide affirmative action policy, not whether affirmative action is good or bad policy ⓘ
the right of voters to decide whether public institutions may use race-conscious admissions ⓘ
framesIssueAs whether the Constitution forbids voters from deciding to prohibit race-conscious admissions ⓘ
holds that Michigan voters may constitutionally prohibit race-based preferences in public university admissions through a state constitutional amendment ⓘ
interprets Michigan Proposal 2 as a general prohibition on race-based preferences rather than a restructuring targeting racial minorities NERFINISHED ⓘ
joinedJudgmentOf Supreme Court plurality upholding Michigan Proposal 2 ⓘ
jurisdiction United States of America ⓘ
surface form: United States
legalTopic affirmative action in higher education ⓘ
equal protection ⓘ
political-process doctrine ⓘ
length separate written opinion shorter than the plurality opinion ⓘ
notes that the amendment applies broadly to all racial preferences, not only those benefiting racial minorities ⓘ
partOf Schuette v. Coalition to Defend Affirmative Action NERFINISHED ⓘ
positionOnAffirmativeAction does not express a normative judgment on the desirability of affirmative action as policy ⓘ
reasoningFocus structure of political decision-making rather than substantive evaluation of affirmative action ⓘ
relatedTo Michigan Constitution Article I, Section 26 (Proposal 2) NERFINISHED ⓘ
supports deference to the democratic process in determining the permissibility of race-conscious admissions policies ⓘ
the idea that states may experiment with different approaches to race and admissions within constitutional bounds ⓘ
votesWith majority ⓘ

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Schuette v. Coalition to Defend Affirmative Action (dissent on affirmative action) → separateFrom → Justice Stephen Breyer’s concurrence in Schuette v. Coalition to Defend Affirmative Action ⓘ