Court Strikes Down Michigan Affirmative Action Ban

Divided federal court declares it unconstitutional

Michigan's ban on affirmative action in college admissions was declared unconstitutional Thursday by a deeply divided federal appeals court, six years after state voters said race could not be an issue in choosing students.

In an 8-7 decision, the court said the 2006 amendment to the Michigan Constitution is illegal because it presents an extraordinary burden to opponents who would have to mount their own long, expensive campaign through the ballot box to protect affirmative action.

That burden "undermines the Equal Protection Clause's guarantee that all citizens ought to have equal access to the tools of political change," said Judge R. Guy Cole Jr., writing for the majority at the 6th U.S. Circuit Court of Appeals in Cincinnati.

The court said having supporters and opponents debate affirmative action through the governing boards of each public university would be much fairer than cementing a ban in the constitution, which it referred to as home of "the highest level" of public policy.

Comments

[Calidissident]

What ... the ... fuck? Not surprised by the decision, but that reasoning is some of the worst I've seen by a court

[freeAgent]

That was my reaction as well. What the fuck? How the hell do you interpret "equal protection" to mean different treatment based on race.

[Cool Story, Bro]

I wanted to criticize the decision of Judge Cole but ran a quick Google search and discovered that he is of a protected class and, thus, cannot be criticized.

[Sevo]

"because it presents an extraordinary burden to opponents who would have to mount their own long, expensive campaign through the ballot box to protect affirmative action."

Uh, yeah. If it's unconstitutional, it should take a 'long, expensive campaign' so you can go broke trying to support an unconstitutional law.
That's the *point*, you idiots!

[Lyle]

Progressivism... woot!