A Developing Romer Doctrine?


One of the hallmarks of the postmodern Supreme Court is an increasing creativity in developing new doctrines that expand the Court's power, while attempting to rest that expansion of power in the actual Constitution.

The 6th Circuit just struck down a law passed by the people of Michigan that makes admission to public universities race and gender neutral, on the ground that race neutrality violates the equal protection clause.


Building off Romer v. Evans, Justice Anthony Kennedy's decision striking down a Colorado state amendment that forbade orientation protection in local government. The federal courts are developing a new doctrine that makes state constitutional law suspect, because it is harder to overturn than legislative enactments.

Not good news for Prop 8, if the Supreme Court upholds this.

Not good news for democracy, either.