Justice Kennedy, who could be the deciding vote in this case, seemed during oral arguments to be looking for ways to uphold Proposal 2 without having to overrule any of the Court’s precedents.  In the beginning of oral arguments, Justice Kennedy asked for the distinctions between this case and Washington v. Seattle School District, a case from 1982 where the Court struck down a state referendum stating that school busing could be used for any purpose other than desegregation.  In this excerpt, you hear counsel for Schuette distinguishing this case from other precedents on the basis that there was no racial animus in the Michigan referendum.