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A panel of the Sixth Circuit Court of Appeals on July 1 issued a decision finding as unconstitutional Proposal 2, a ballot initiative approved by Michigan voters in 2006.
The university is reviewing the decision for possible implications, and with the understanding that further legal steps may occur.
Proposal 2 had amended the Michigan Constitution by adding a provision prohibiting discrimination and preferential treatment based on race, ethnicity, sex or national origin in public education, public employment and public contracting. The plaintiffs sued the state, including three public universities, to have Proposal 2 declared unconstitutional.
The Sixth Circuit panel concluded, 2-1, that Proposal 2 violated the federal Equal Protection Clause by making it more difficult for minority groups to participate fully and equally in the state’s political processes, particularly with respect to the ability to seek changes in university admissions policies.
It is not yet known whether the decision will be appealed, however, additional legal review of the panel’s decision, including by the whole of the Sixth Circuit, could be forthcoming, either upon request of a party or on the Sixth Circuit’s own motion.
