On my way to the Supreme Court yesterday morning I read a Tweet that said it was unlikely the Court would announce any major opinion today since two big cases were scheduled for argument. Well, so much for the Twitter tea leaves.
Justice Kennedy announced the opinion in Schuette v.Coalition to Defend Affirmative Action saying, ” this case is not about . . . race-conscious admissions policies.” The 6-2 opinion approves a Michigan ban on the use of racial preferences in state university admissions.
In a fierce and lengthy dissent from the bench Justice Sotomayor castigated the majority opinion that “fundamentally misunderstands the nature of the injustice.”
Great quote from Garrett Epps in The Atlantic: Does anybody else think it could be a problem to put the question of minority rights to a majority vote in state initiatives?
I wonder what Cecilia Marshall, widow of the late Justice Thurgood Marshall, and her son, Thurgood “Goodie” Marshall Jr., thought of the Court’s decision?
On the last day of the its term the Supreme Court today handed twin victories to the cause of marriage equality.
If there was an empty seat in the courtroom I couldn’t see it.
Justice Kennedy had the first opinion, U.S. v Windsor, in which the Court found the Defense of Marriage Act unconstitutional.And of course Justice Scalia read a lenghty dissent.
The second victory for same-sex marriage was by default in an opinion by Chief Justice Roberts where the Court found that the petitioners in support of California’s Proposition 8 lacked standing, thereby allowing the lower court’s ruling to stand.
A 5-4 divided Court today struck down a key section of the 1965 Voting Rights Act, effectively putting the burden on victims of voter descrimination to seek relief. Chief Justice Roberts wrote for a majority that included Justices Thomas, Scalia, Kennedy and Alito.In a dissenting opinion joined by Justices Sotomayor, Breyer and Kagan, Justice Ginsburg wrote, “Hubris is a fit word for today’s demolition of the Voting Rights Act”.
Lyle Denniston’s take on the opinion is here.
On the first day of what promises to be a steamy week in Washington, at least outside the Supreme Court building, the Court announced its opinion in a long awaited affirmative action case, Fisher v. University of Texas. When the case was argued back in October it appeared that the University’s use of race as an admissions factor might be struck down.Instead, in an opinion by Justice Kennedy, the Court said such programs must meet the test of “strict scrutiny” as well as being“narrowly tailored”.
Surprisingly, for a case argued at the beginning of the term, there was but one dissenter in the 7-1 decision (Justice Kagan took no part), Justice Ginsburg.
“The Court rightly declines to cast off the equal protection framework …”, writes Ginsburg. “Yet it stops short of reaching the conclusion that (it) warrants.”
Justice Alito took a sip from his coffee cup.
Notables of the civil rights movement sat in the audience as the Supreme Court yesterday heard arguments in a major challenge to the Voting Rights Act, Shelby County v. Holder.
From 1965 when President Johnson signed it into law to the election of the first African-American president, the Voting Rights Act has been the most important and successful civil rights law ever passed. So successful that a slim majority of the Court seem to think that its most important part, Section 5, is so outdated it’s no longer constitutional.
Justice Scalia,below, to Solicitor General Verrilli on why the were no votes against the 2006 reauthorization in the Senate, “I think that’s attributable to a phenomenon that has been called the perpetuation of racial entitlements.”
Bob Barnes has WaPo story here.
One of the nation’s greatest civil rights attorneys NAACP Legal Defense Fund president John Payton passed away yesterday. He is shown here arguing before the Supreme Court in Gratz v. Bollinger, April 1, 2003.