The Supreme Court will hear arguments Tuesday in the latest high-profile affirmative action case, which tests whether voters can ban affirmative action in a state referendum.
In Schuette v. Coalition to Defend Affirmative Action, the justices will decide whether a 2006 Michigan ballot measure banning affirmative action programs in the state is itself discriminatory. In 2003, the high court upheld the University of Michigan Law School’s affirmative action policy. Michigan residents voted to ban the practice three years later.
Last year, in Fisher v. University of Texas, the court upheld the practice of using race as an admissions factor for public colleges and universities, but only within tight limits. The latest case will be heard by only eight justices; Justice Elena Kagan recused herself from the case without giving a reason.