To Take The Case?

BIG decisions on deck at tomorrow’s conference about what cases the Supreme Court will take, including the Michigan affirmative action case (which presents squarely the issue of whether schools can use “diversity” as code for racial preferences) and a challenge to the 1986 decision finding no constitutional obstacle to sodomy laws (a debatable decision, but expect much enthusiasm for re-visiting this issue from corners of the profession that swooned with ecstasy over the 1992 decision that held that Roe v. Wade had been on the books too long to be reconsidered). The Court’s decisions on whether to take the cases may be available as early as December 2.