Federal Appeals Court Invalidates Michigan Civil Rights Initiative

Glenn Ricketts

A divided three-judge panel of the 6th Federal Appeals Circuit has struck down Michigan's voter-approved constitutional amendment banning the consideration of race or sex in college admissions decisions. I haven't had the opportunity to parse the specific details of the constitutional basis on which the court reached this conclusion, only that Propostiion 2, as it was known as a ballot initiative, harms minority applicants. The next step, if there is one, will be an appeal to the full bench of the 6th circuit or to the US Supreme Court. The decision comes at a time when the California Legislature is considering a law which would re-introduce racial quotas into the admissions process there, in direct conflict with the provisions of Proposition 209. This you'll recall, was also a voter-approved initiative banning such preferences. Our California affiliate, as noted here, is vigorously opposing this seemingly back-door maneuver. Ward Connerly, a tireless opponent of racial preferences and supporter of both ballot initiatives, gets it right when says that it's becoming impossible for the people to make their own collective decisions in these matters, due to the arbitrary intervention of the courts. Let's hope that an appeal is not long in coming.

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