Conservative Public Interest Litigation

The idea that lawsuits can move a public as well as a legal agenda is not new. In recent years, conservatives have brought high profile lawsuits designed both to vindicate the rights of an individual plaintiff and to educate the public about an important issue. For example, lawsuits filed nearly 10 years ago against the University of Michigan’s race-based admissions system eventually led to the successful passage of the Michigan Civil Rights Initiative in 2006, which amended the Michigan Constitution to ban the use of racial preferences. Terence Pell recounts the legal effort and the effects, both intended and unintended, that it had on Michigan institutions and public thinking.