U.S. Supreme Court,
Constitutional Law
Oct. 15, 2013
High court to consider affirmative action ban
If the U.S. Supreme Court agrees with the 6th Circuit, it will mean that Proposition 209 is likewise invalid and affirmative action will again be permitted in California. By Erwin Chemerinsky
Erwin Chemerinsky
Dean and Jesse H. Choper Distinguished Professor of Law
UC Berkeley School of Law
Erwin's most recent book is "Worse Than Nothing: The Dangerous Fallacy of Originalism." He is also the author of "Closing the Courthouse," (Yale University Press 2017).
On Tuesday, the U.S. Supreme Court will hear oral arguments in a case with potentially profound significance for California. In Schuette v. Coalition for Affirmative Action, 701 F.3d 466 (6th Cir. 2012) (en banc), cert. granted, 133 S. Ct. 1633 (2013), the court will consider whether it is constitutional for the voters in a state to ban affirmative action by amending their state constitution through an initiative.
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