
ANSWER KEY
Part One End of Part Case
Schuette, Attorney General of Michigan v. Coalition to Defend Affirmative Action and Immigration
Rights and Fight for Equality By Any Means Necessary (BAMN)
United States Supreme Court
Questions for Analysis
1. It is clear that stare decisis is at the central core of Justice Kennedy’s opinion in Schuette v
BAMN. In this case he sharply criticizes the case of Washington v. Seattle School District. What
Kennedy finds erroneous about the ruling in the Seattle case is the fact that it promotes the notion that
the courts can disenfranchise the voters of a state. This is a dangrous precedent. Kennedy insists that
2. The theory of negative rights addresses the question of the essential natire of rights by arguing
that such rights actually have a negative impact on behavior by creating various ways for people to
escape reponsibility for their unethical or immoral actions. For instance, the right to free speeech
becomes the power to say anything, even things that are insulting, cruel, nasty, hurtful, embarrising,
discriminatory, and so on without being held accountable for those words. Similarly, the right to
privacy becomes an entitlement to do shameful things without anyone else knowing about those
shameful actions. Reitman v. Mulkey and Hunter v. Erickson both involve the right of property owners