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2012-2013 Cato Sup. Ct. Rev. vii (2012-2013)

handle is hein.journals/catoscrev12 and id is 1 raw text is: FOREWORD

Equal Protection
Roger Pilon*
The Cato Institute's Center for Constitutional Studies is pleased to
publish this 12th volume of the Cato Supreme Court Review, an annual
critique of the Court's most important decisions from the term just
ended, plus a look at the term ahead-all from a classical Madisonian
perspective, grounded in the nation's first principles, liberty through
limited government. We release this volume each year at Cato's an-
nual Constitution Day conference. And each year in this space I dis-
cuss briefly a theme that seemed to emerge from the Court's term or
from the larger setting in which the term unfolded.
Clearly, the theme that ran through the major decisions the Court
handed down during its final days was equal protection. The long-
awaited decision in Fisher v. University of Texas at Austin was expected
by many to put an end at last to the use of racial preferences in public
higher-education admissions decisions. Instead, the Court vacated
the Fifth Circuit's decision upholding the university's affirmative ac-
tion scheme and remanded the case for further proceedings under
scrutiny more strict than the lower courts had employed.
In another closely watched case with roots in the civil rights move-
ment of the 1960s, Shelby County v. Holder, the Court found the for-
mula for determining which state and local governments must com-
ply with the preclearance requirements of the 1965 Voting Rights Act
so out of date as to be unconstitutional, thus raising serious questions
about equal protection as it concerns not only voters but state sover-
eignty as well.
* Vice president for legal affairs at the Cato Institute, founder and director of Cato's
Center for Constitutional Studies, B. Kenneth Simon Chair in Constitutional Studies,
and publisher of the Cato Supreme Court Review.

vii

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