Buckeye Bungled: Blatant Bifurcation Busts Broader Benefits, Begets Bigger Brouhaha

Abstract

The problem with Buckeye is that because of the sequencing of the legal actions, only part of the question about the interplay of local referenda and affordable housing ended up before the U.S. Supreme Court. Now we have an answer, seemingly allowing referenda, but that doesn't tell us much. Worse still, we have larger issues unanswered and a unanimous decision hinting that a referendum on an affordable housing project could be unconstitutional and violate federal law if the intent and motivations of the opposition can be discerned. Buckeye is a regrettable decision that leaves us with a doctrinal mess.