Michigan court strikes down voter-enacted affirmative action ban
- The U.S. Circuit Court of Appeals for the Sixth Circuit struck down Michigan's affirmative action ban--a 2006 voter-enacted amendment to the state's constitution known as Proposal 2--in an 8-7 decision Thursday on the grounds that it violated the U.S. Constitution's equal protection clause.
- In Thursday's decision, the court explained that, under the ban, a white student wanting to change the University of Michigan's admission policies to include alumni relationships would only have to petition university leadership or the school's board, while a black student wanting to have race considered in admissions would have no option but to try to amend the state's constitution.
- Supporters of the amendment argued that changing a university's admissions policy isn't part of the political process, but the court countered that policy changes are part of the political process due to an elected board being in charge of university policies.
From the article:
A federal appeals court ruled Thursday that Michigan’s ban on affirmative action, enacted by voters in 2006, is unconstitutional. In an 8-7 decision, the U.S. Circuit Court of Appeals for the Sixth Circuit struck down the amendment to the state's constitution, known as Proposal 2, on the grounds that it creates unfair barriers to minority participation in the political process. A three-judge panel of the same court had overturned the ban on race-conscious admissions in 2011, but later vacated the decision. ...
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