The Case of Schuette v. Coalition

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In the case of Schuette v. Coalition, the court examined whether or not Article 1, Section 26 to the Michigan Constitution concerning not using race as a determining factor in university admissions is constitutional. The respondents feel that not considering race will create a disadvantage amongst disadvantaged minorities. They believe that only the majority with the resources will be able to attend universities, and that there will be a lack of diversity represented in these institutions. The petitioner argues that the law is constitutional because the law does not contain racial classifications and is not intended to be discriminatory towards any particular race. The court rules in favor of the petitioner because of the wording of executive order 10925, the precedent set in Gratz v. Bollinger, and the Supreme Court’s decision to reconsider Fischer v. University of Texas At Austin.
The wording of executive order 10925 aligns with that of Section 26 of Michigan’s constitution. The order mandates “that employees are treated during employment, without regard to race, creed, color, or origin.” Under Michigan’s constitution, the state is required to “not discriminate against, order provide preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting.” The way that these are worded prevents giving any particular race an advantage when trying to attend college or apply for a job. The plaintiff in this also pointed out how the intent of section 26 “is not to discriminate against minorities, but rather to promote equal treatment” (Schuette). The defendant’s argument that the order promotes affirmative acti...

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... color of their skin. This was confirmed in Gratz v. Bollinger, where such a policy was ruled unconstitutional. A similar situation is occurring with the University of Texas. Their policy of considering race was originally upheld, but is now up for revision for possibly violating the constitution. Given the history of considering race in job and university applications has been rejected, section 26 does not deserve to be considered unconstitutional for not giving preferential treatment to minorities.

Works Cited
Exec. Order No. 10925, 3 C.F.R. (1961). Print.
Fisher v. University of Texas. Supreme Court. 24 June 2013. Print.
Gratz v. Bollinger. Supreme Court. 23 June 2003. Print.
Schuette v. Coalition to Defend Affirmative Action. Supreme Court. N.d. Print.
"VPLA | Fisher vs. Texas." VPLA | Fisher vs. Texas. University of Texas, 11 Nov. 2013. Web. 17 Dec. 2013.

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