[EL] Schuette

[Ilya Shapiro]

Germane to this list because involves voting processes/structures, right?  Here's my initial press statement:

It's no surprise that six justices found that a state constitutional provision prohibiting racial discrimination complies with the federal constitutional provision that prohibits state racial discrimination. To hold otherwise would be to torture the English language to the point where constitutional text is absolutely meaningless. The only surprise -- or, rather, the lamentable pity -- is that two justices somehow agreed with the lower court's confused determination that the Constitution requires what it barely tolerates (racial preferences in higher education). Indeed, this case was so easy precisely because it didn't involve the fraught question of whether states can pursue race-conscious measures in order to achieve (some mythical) diversity. Instead, this case was about the democratic process and whether voters can rein in the powers of their state government. The answer to that question, like the answer to the question of whether the Equal Protection Clause mandates racial preferences, is self-evident.

Ilya Shapiro
Senior Fellow in Constitutional Studies,
Editor-in-Chief of the Cato Supreme Court Review
Cato Institute
1000 Massachusetts Ave. NW
Washington, DC  20001
tel. (202) 218-4600
cel. (202) 577-1134
fax. (202) 842-3490
ishapiro at cato.org<mailto:ishapiro at cato.org>
Bio/clips: http://www.cato.org/people/shapiro.html
Twitter: www.twitter.com/ishapiro<http://www.twitter.com/ishapiro>
SSRN: http://ssrn.com/author=1382023

Cato Supreme Court Review:  http://www.cato.org/pubs/scr/index.html

Watch our 2013 Constitution Day Conference - Supreme Court Review/Preview:  http://www.cato.org/events/12th-annual-constitution-day

Watch me defend the right to keep and bear arms on the Colbert Report:  http://www.colbertnation.com/the-colbert-report-videos/340923/july-08-2010/automatics-for-the-people---ilya-shapiro---jackie-hilly

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