Schuette v. Coalition to Defend Affirmative Action (U.S. Supreme Court)
Michigan voters approved a ballot initiative that banned the use of affirmative action in state universities and colleges. The en banc Sixth Circuit held that the law violates the Fourteenth Amendment’s principle that a state may not adopt a political structure that places special burdens on the ability of minority groups to achieve beneficial legislation. Petitioners argued that if the Sixth Circuit’s holding was correct, the Court should overrule Seattle School District. We filed an amicus brief on behalf of 76 historians and scholars addressing why the history relevant to the adoption of the Fourteenth Amendment confirmed the correctness of Seattle School District’s holding.