Monday, June 24, 2013


Gerard N. Magliocca

The decision in Fisher explains the Court's choice to grant review of the Sixth Circuit's en banc opinion invalidating Michigan's constitutional amendment banning racial preferences in higher education.  Taking that cert. petition and setting the case down for argument in the Fall seemed odd given that there was the option of vacating and remanding "in light of Fisher."  Since Fisher said nothing, though, the grant makes sense.   


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Oops. Fixed now.

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