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Constitutional Law Spring 2008

Constitutional Law Spring 2008. Class 33 Alienage Classifications Affirmative Action. Adarand Constructors, Inc. v. Pena (1995) [C p. 716].

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Constitutional Law Spring 2008

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  1. Constitutional Law Spring 2008 Class 33 Alienage Classifications Affirmative Action

  2. 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

  3. 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

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

  5. 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

  6. 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

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