Constitutional Law Spring 2008

Class 33

Alienage Classifications

Affirmative Action

Adarand Constructors, Inc. v. Pena (1995) [C p. 716]

• Majority by: O'ConnorJoined by: Rehnquist, Scalia, Kennedy, ThomasConcurrence by: ScaliaConcurrence by: ThomasDissent by: StevensJoined by: GinsburgDissent by: SouterJoined by: Ginsburg, BreyerDissent by: GinsburgJoined by: Breyer

Grutter v. Bollinger (2003) [C p. 722]

• Majority by: O'ConnorJoined by: Stevens, Souter, Ginsburg, BreyerConcurrence by: GinsburgJoined by: BreyerConcurrence/dissent by: ScaliaJoined by: ThomasConcurrence/dissent by: ThomasJoined by: ScaliaDissent by: RehnquistJoined by: Scalia, Kennedy, ThomasDissent by: Kennedy

Gratz v. Bollinger (2003)• 6-3• Majority by: Rehnquist

Joined by: O'Connor, Scalia, Kennedy, ThomasConcurrence by: O'ConnorJoined by: Breyer (in part)Concurrence by: ThomasConcurrence by: BreyerDissent by: StevensJoined by: SouterDissent by: SouterJoined by: Ginsburg (in part)Dissent by: GinsburgJoined by: Souter, Breyer (in part)

Changes to Michigan State Constitution (and others)

• Michigan Civil Rights Initiative: Proposal 2

• Passed in 2006 (58%-42%)• Constitutionality

unsuccessfully challenged in federal court (2008)

• On the left: MCRI executive director Jennifer Gratz

• Similar initiatives in Texas, Washington; others headed for the ballot in AZ, CO, MO, NE, OK

Parents Involved in Community Schools

Seattle Sch. Dist. No. 1 (2007) • Majority by: Roberts (Parts I,

II, III–A, III–C)Joined by: Scalia, Kennedy, Thomas, AlitoPlurality by: Roberts (III–B, IV)Joined by: Scalia, Thomas, AlitoConcurrence by: ThomasConcurrence by: KennedyDissent by: StevensDissent by: BreyerJoined by: Stevens, Souter, Ginsburg