Appeals Court Strikes Down MI Affirmative Action Ban

Nov 15, 2012

The U.S. Sixth Circuit Court of Appeals has struck down Michigan’s voter-approved ban on race-based affirmative action in state university admissions and public employment. 

Credit Kevin Rosseel / morgueFile

A closely divided court says the Michigan law violates the U.S. Constitution’s equal protection clause.  

The ruling says it’s not fair to outlaw race-based affirmation action, while allowing universities to grant other preferences, like those for children of alumni.  

Mark Rosenbaum is a University of Michigan law professor who argued the case for the American Civil Liberties Union.

“The decision says that when it comes to diversity, every group – they’re part of the American mosaic,” he says.

State Attorney General Bill Schuette says judges should not be allowed to up-end what Michigan voters decided in 2006.

“I’ll be filing an appeal to the United States Supreme Court,” he says.

The ballot campaign followed a U.S. Supreme Court decision a decade ago that partially upheld race-conscious admissions policies at the University of Michigan.