Teaching the affirmative action cases

[davidebernstein at aol.com]

I'm thinking of doing something different this semester.  The law regarding the constitutionality of affirmative action by state actors is obviously a big muddle, with contradictory precedents, and the most recent precedent of questionable value because the fifth vote (O'Connor) is off the Court.  Plus, the cases of course raise strong emotions from students on each side, and it's hard to get them to focus on the (more) legal issues instead of the (more) political/ideological issues (recognizing that these are not entirely distinct).  
 
Anyway, what I was thinking of doing was assigning the students a brief article discussing the precedents up to now for background, and then assigning them the briefs in the pending USSC affirmative action cases.  In addition to partially addressing the issues above, it would give the students an opportunity (and their only opportunity this semester) to see constitutional law "being made."  I think they might find it very interesting, and then fun to follow the arguments and later opinions in the cases.  I try to emphasize to the students that the Court's opinions are often in direct response (or directly adopt) points made in briefs, but it's hard to get this across in the abstract.  So, I ask the list:
 
(a) is there a good short article to assign that goes through the AA cases, and the legal arguments made by each side?
(b) have you ever done anything like this?
(c) is it a good idea?
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