Tuesday, October 02, 2007

This Is Not Law

Minnesota Law Professor and Interim Dean Guy-Uriel Charles drills the recently decided Seattle and Louisville desegregation cases:
As a result of the Roberts opinion, when I teach my next class of constitutional law at the University of Minnesota Law School, I will have to do something I have never done before: “out” a case.

I will clarify for students why the decision is not “law” in any meaningful sense of the word but, rather, the imposition of unlawful policy preferences of four Supreme Court Justices on the rest of the population. I will explain that I cannot in good conscience, as either a black man or a constitutional law professor, teach this case in a constitutional law class, though I would be willing to teach it in a public policy class.


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