Tortured Logic

The Sixth Court of Appeals has narrowly ruled that it is unconstitutional for the people of Michigan to ban racial discrimination.

An insane ruling like this will have to be resolved by SCOTUS.

[Update a few minutes later]

Jonathan Adler has more. Eugene Volokh thinks it likely to go to SCOTUS, and Stuart Benjamin thinks that they’ll likely overturn it by a large margin. He doesn’t say which two justices may rule in favor. Maybe Breyer and Ginsburg?

[Update a few minutes later]

Sorry, link now goes to the ruling, not the Twinkie story.

[Update a while later]

Here’s some background.

10 thoughts on “Tortured Logic

  1. DJMoore

    Link goes to Twinkie story.

    Here’s Stuart Banjamin’s take at the Volokh Conspiracy:

    I will bet anyone (in jurisdictions where it is legal) that the Supreme Court will reverse the Sixth Circuit in Coalition to Defend Affirmative Action v. Regents. Indeed, my main question is how badly the Coalition to Defend Affirmative Action loses. My guess is that they get maybe two votes on the Supreme Court.

  2. Leland

    I saw the ruling over at Althouse. Got to love the logic: You can’t have pass a (state) Constitutional Amendment, because it is too much of a burden to then have the opposition pass their own Constitutional Amendment to overturn the first. A slime majority of the Sixth Circuit is idiots. Sadly, so is Justice Roberts.

    1. Leland

      Not that it isn’t appropriate, but I really didn’t mean “slime” majority. Should be “slim” majority. Freudian slip for sure.

  3. B Lewis

    Opposition to institutionalized discrimination by public bodies against a certain ethnic group based solely upon their skin color be raciss.

    1. Call Me Ishmael

      …be raciss.

      Remember the Breidbart Index? (Seth Breidbart, that is.) I believe that these mindlessly repetitive posts have now exceeded it, thereby becoming cancelable spam.

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