The United States Supreme Court Essay

826 Words May 25th, 2016 4 Pages
The United Sates Supreme Court heard Schuette to determine whether an amendment to the Constitution of the State of Michigan, approved and enacted by its voters, was invalid under the Equal Protection Clause of the Fourteenth Amendment which provides: ““No state shall make or enforce any law which shall…deny to any person within its jurisdiction the equal protection of laws. (U.S. CONST. amend. XIV, §1.) In reaching its decision, Justice Kennedy writing for the plurality rejects the broad reading of Seattle the Court of Appeals used, which applies strict scrutiny to any state action with a “racial focus” that makes it “more difficult for certain racial minorities for other groups” to “achieve legislation that is in their interest.” (1634). The Supreme Court rejects this broad rationale because it would require the Court to determine and declare which political policies serve the “interest” of a group defined in racial terms, which was unnecessary to decide Seattle, has no support in precedent; and contradicts central Equal Protection principles. (1634)
This Court found that the Seattle formulation would require the courts to determine and declare which political policies serve the “interest” of a group defined in racial terms. The expansive language that is used does not provide any guidance or legal standard on how the courts are supposed to determine whether there is a racial focus or not. This court has rejected the assumption that members of some racial group think…
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