Competitive Enterprise Institute attorney Hans Bader has some interesting commentary on last week's Sixth Circuit ruling invalidating Michigan's voter-approved Civil Rights Initiative. A divided panel, as I reported here last week, ruled that MCI "harmed minorities" because it violated the Equal Protection clause of the US Constitution. But as Bader demonstrates, the only way to construe the appeals court's bizarre logic is to conclude that Equal Protection requires treating people UNequally. A cynic might think that the court intended to reach its result, one way or another. Hopefully, the US Supreme Court will review the case and respect the decision of Michigan's voters.
- July 05, 2011