Federal News in Brief

High Court to Hear Arguments In Affirmative-Action Case

By Mark Walsh — April 03, 2013 1 min read
  • Save to favorites
  • Print

The U.S. Supreme Court decided last week to take up another case involving affirmative action in higher education. It agreed to review a federal appeals court ruling that struck down a 2006 Michigan ballot initiative that barred the use of racial preferences at state colleges and universities.

The court is still weighing whether race-conscious admissions policies at the University of Texas at Austin violate the equal-protection clause of the U.S. Constitution. It heard arguments in that case, Fisher v. University of Texas at Austin, last October, and a decision could come at any time.

The new case is Schuette v. Coalition to Defend Affirmative Action (Case No. 12-682). Last November, the full U.S. Court of Appeals for the 6th Circuit, in Cincinnati, voted 8-7 to invalidate Michigan’s Proposal 2 as it applies to state colleges and universities.

Proposal 2 also bars school districts from discriminating or granting preferential treatment on the basis of race (in addition to sex, color, ethnicity, and national origin), but the challenge decided by the 6th Circuit deals only with the measure’s operation in higher education in the state.

There was immediate speculation about the Supreme Court’s reasons for granting review of the Michigan case while the Texas affirmative-action case is pending. Normally, an appeal raising similar issues to that of a case already under review is held until the decision in the pending case is released.

It’s possible the justices think the issues raised in the Michigan case are sufficiently distinct from those in the Texas case. The justices also could be torn over the disposition of the Michigan case and could order reargument.

Arguments in the Michigan case will take place in the court’s next term.

A version of this article appeared in the April 03, 2013 edition of Education Week as High Court to Hear Arguments In Affirmative-Action Case

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Special Education Webinar
Hidden Costs of Special Ed Vacancies: Solutions for Your District
When provider vacancies hit, students feel it first. Hear what district leaders are doing to keep IEP-related services on track.
Content provided by Huddle Up
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Privacy & Security Webinar
How Technology Is Reshaping Childhood
How do we protect kids online while embracing innovation? Learn about navigating safety, privacy, and opportunity in the Digital Age.
Content provided by Connect x Protect
Budget & Finance Webinar Creative Approaches to K-12 Budget Realities
What are districts prioritizing in 2026? New survey data reveals emerging K-12 budgeting trends.

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Federal Opinion How the Institute of Education Sciences Could Better Serve Schools
“It’s been all over the place,” explains the scholar tasked with reimagining IES.
4 min read
The United States Capitol building as a bookcase filled with red, white, and blue policy books in a Washington DC landscape.
Luca D'Urbino for Education Week
Federal Senate Days Are Numbered for Top Republican Charged With Ed. Dept. Oversight
Sen. Bill Cassidy was vying for a third term in the Senate but lost his primary over the weekend.
4 min read
Sen. Bill Cassidy, R-La., right, hugs a supporter during an election night watch party Saturday, May 16, 2026, in Baton Rouge, La.
Sen. Bill Cassidy, R-La., right, hugs a supporter during an election night watch party on Saturday, May 16, 2026, in Baton Rouge, La. Cassidy leads the Senate committee charged with education policy. He was vying for a third Senate term but lost his primary over the weekend.
Gerald Herbert/AP
Federal Opinion Trump's K-12 Leader: Let’s Improve Assessment Without Sacrificing Accountability
The Ed. Dept. is shrinking the federal footprint but raising academic expectations, says Kirsten Baesler.
Kirsten Baesler
4 min read
A pencil leaning against the wall. The shadow of a ladder shade reflected on the wall.
Education Week + E+/Getty
Federal 'Creative' or 'Illegal?' Congress Debates Trump's Dismantling of Education Dept.
Republicans praised Linda McMahon for shrinking the federal K-12 footprint. Democrats raised concerns.
6 min read
Education Secretary Linda McMahon arrives to testify during the House Education and Workforce Committee hearing titled "Examining the Policies and Priorities of the Department of Education," in Rayburn building on Thursday, May 14, 2026.
Education Secretary Linda McMahon arrives to testify during the House Education and Workforce Committee hearing on Thursday, May 14, 2026. She defended the movement of dozens of her department's programs to other agencies and a budget proposal that would eliminate dozens of federal education programs.
Tom Williams/CQ Roll Call via AP