Before Tuesday’s oral arguments in American Broadcasting Companies v. Aereo, Justice Kennedy announced the Court’s much-anticipated decision in Schuette v. Coalition to Defend Affirmative Action, upholding Michigan’s state constitutional ban on the use of affirmative action by state universities.  Given the palpably tense atmosphere that accompanied Justice Sonia Sotomayor’s dissent from the bench in Schuette, … Continue reading But what about the “cloud”? The Aereo argument in Plain English