Opinion

Coalition to Defend Affirmative Action, Integration & Immigrant Rights & Fight for Equality by Any Means Necessary v. Regents of the University

701 F.3d 466
2012 WL 5519918

Court: Court of Appeals for the Sixth Circuit
Filed: Nov 15, 2012
Status: Published
Author: Rogers
On the bench: Batchelder, Martin, Boggs, Daughtrey, Moore, Cole, Clay, Gibbons, Rogers, Sutton, Cook, Griffin, White, Stranch, Donald
Cited by: 6 cases

Reversed by Schuette v. Coal. to Defend Affirmative Action, 134 S. Ct. 1623 (2014)

rev'd on other grounds, 134 S. Ct. 1623 (2014)

How later courts described this case

rev'd on other grounds, 134 S. Ct. 1623 (2014)

Written by the judges who cited it.

The opinion

ROGERS, Circuit Judge,

dissenting.

I join Judge Gibbons’s compelling dissent.

Under the majority opinion, it is hard to see how any level of state government that has a subordinate level can pass a no-race-preference regulation, ordinance, or law. Doing so would perforce make it harder for one minority or another to obtain a preference at the lower level. That alone can hardly render the no-race-preference act unconstitutional. Whatever Hunter and Seattle hold, the Supreme Court cannot have intended such a ban.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.