As we await the U.S. Supreme Court's decision in Fisher v. University of Texas, StephenWermiel at SCOTUSBlogdiscusses the Court's grantingcertiorari in another affirmative action case. The new case, Schuette v. Coalition to Defend AffirmativeAction, shifts Fisher's focus from challenging affirmative actionpolicies to whether a statewide banon affirmative action violates equal protection, a measure approved by Michiganvoters in 2006. Michigan Attorney General Bill Schuette describes the case as Michiganvoters taking up Grutter's invitationto abolish race-conscious admissions policies in education. Read the close (8-7) Sixth Circuit en bancopinion holding Michigan's Proposal 2 unconstitutional here.
Meanwhile, there are plenty of perspectives about what theCourt will decide in Fisher, particularly as Justice Elena Kaganhas recused herself and Grutter'sauthor, Justice Sandra Day O'Connor, has been replaced by Justice Samuel Alito,who has been described as skeptical about affirmative action. At Fisher'soralargument, Justice Alito said he thought that the point of diversity policies is to allowunderprivileged students access to higher education rather than promotingracial preferences. Read more predictions and perspectives on Fisher here,here,here,and here.