Six justices voted to uphold the constitutionality of Michigan’s ballot initiative, albeit on different grounds. Justice Anthony Kennedy, joined by Chief Justice John Roberts and Justice Samuel Alito, concluded that the Constitution does not preclude states from deciding whether to allow racial preferences through a ballot initiative. Justice Antonin Scalia, joined by Justice Clarence Thomas, went further, suggesting that the cases upon which the U.S. Court of Appeals for the Sixth Circuit had relied should be overruled. Justice Stephen Breyer joined the result, but only insofar as it applied to the use of racial preferences to increase diversity in educational institutions. Justice Sonia Sotomayor, joined by Justice Ruth Bader Ginsburg, dissented. Justice Elena Kagan was recused.
Democracy Dies in Darkness
April 22, 2014 at 2:45 p.m. UTC