Abstract
In Washington v. Seattle School District No. 1, 458 U.S. 457 (1982), Justice Powell in dissent expressed fear that the majority’s logic could lead to absurd results—results very much like those arrived at in the Sixth Circuit’s recent decision in the Schuette v. Coalition to Defend Affirmative Action, Integration, and Immigrant Rights and Fight of Equality By Any Means Necessary. The majority in Washington pooh-poohed that fear, claiming that the “horribles paraded by the dissent … are entirely unrelated to this case.” Maybe the majority should have paid more attention to Justice Powell.
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