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.
All labels observed (1)
| Label | Occurrences |
|---|---|
| Justice Stephen Breyer’s concurrence in Schuette v. Coalition to Defend Affirmative Action canonical | 1 |
How this entity was disambiguated
This entity first appeared as the object of triple T9607503 — resolving that mention is where its identity was fixed. The disambiguator weighed these candidate entities and picked the highlighted one (or “None”, minting a new entity). This is how homonymy is resolved: the same surface form can point to different entities.
Target entity: Justice Stephen Breyer’s concurrence in Schuette v. Coalition to Defend Affirmative Action Context triple: [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]
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A.
Chief Justice John Roberts’s concurrence in Schuette v. Coalition to Defend Affirmative Action
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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B.
Schuette v. Coalition to Defend Affirmative Action (dissent on affirmative action)
Schuette v. Coalition to Defend Affirmative Action (dissent on affirmative action) is Justice Sonia Sotomayor’s powerful Supreme Court dissent criticizing a Michigan constitutional amendment that banned race-conscious admissions policies in public universities.
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C.
Michigan constitutional amendment banning race-based preferences in public education
The Michigan constitutional amendment banning race-based preferences in public education is a voter-approved change to the state constitution that prohibits public universities and schools from considering race in admissions and related decisions, effectively ending affirmative action in those institutions.
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D.
Grutter v. Bollinger
Grutter v. Bollinger is a landmark 2003 U.S. Supreme Court case that upheld the limited use of race as one factor in holistic law school admissions to promote educational diversity.
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E.
Gratz v. Bollinger
Gratz v. Bollinger is a 2003 U.S. Supreme Court case that struck down the University of Michigan’s undergraduate affirmative action admissions policy as violating the Equal Protection Clause by awarding automatic points based on race.
- F. None of above. chosen
- G. Unsure - the case is ambiguous/there is not enough information to decide.
Target entity: Justice Stephen Breyer’s concurrence in Schuette v. Coalition to Defend Affirmative Action Target entity description: 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.
-
A.
Chief Justice John Roberts’s concurrence in Schuette v. Coalition to Defend Affirmative Action
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.
-
B.
Schuette v. Coalition to Defend Affirmative Action (dissent on affirmative action)
Schuette v. Coalition to Defend Affirmative Action (dissent on affirmative action) is Justice Sonia Sotomayor’s powerful Supreme Court dissent criticizing a Michigan constitutional amendment that banned race-conscious admissions policies in public universities.
-
C.
Michigan constitutional amendment banning race-based preferences in public education
The Michigan constitutional amendment banning race-based preferences in public education is a voter-approved change to the state constitution that prohibits public universities and schools from considering race in admissions and related decisions, effectively ending affirmative action in those institutions.
-
D.
Grutter v. Bollinger
Grutter v. Bollinger is a landmark 2003 U.S. Supreme Court case that upheld the limited use of race as one factor in holistic law school admissions to promote educational diversity.
-
E.
Gratz v. Bollinger
Gratz v. Bollinger is a 2003 U.S. Supreme Court case that struck down the University of Michigan’s undergraduate affirmative action admissions policy as violating the Equal Protection Clause by awarding automatic points based on race.
- F. None of above. chosen
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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Subject: Justice Stephen Breyer’s concurrence in Schuette v. Coalition to Defend Affirmative Action Description of subject: 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.
Referenced by (1)
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