NOTE:  In a plurality written by Justice Anthony Kennedy and joined by Chief Justice John Roberts and Justice Samuel Alito, the U.S. Supreme Court held that Michigan voters didn’t violate the Equal Protection Clause of the 14th Amendment by passing Proposition 2, a 2006 amendment to the state constitution banning the use of racial preferences in public school admissions and government hiring. In his decision, Kennedy wrote, “This case is not about how the debate about racial preferences should be resolved,” he wrote. ” It is about who may resolve it.”

1. a) What did Justice Anthony Kennedy write in the controlling opinion?
b) What argument did Justice Kennedy make about the Sixth Circuit Court of Appeals’ 2012 decision?

2. Which justices agreed with Justice Kennedy to uphold Michigan’s constitutional amendment?

3. a) Which justices dissented?
b) Define recuse; why did one recuse herself?

4. What was unusual about Justice Sotomayor’s dissent?

5. Explain Michigan’s constitutional amendment and what effect the Supreme Court’s decision had on it.

6. Read about affirmative action under “Background” below. Do you think affirmative action is needed to “equal the playing field” - to make things fair today? Explain your answer.