Coal. to Defend Affirmative Action v. Regents of the Univ. of MI, No. 08-1387 (6th Cir. 2012)
Annotate this CaseMichigan adopted race-conscious admissions policies for public colleges and universities in the 1960s and 1970s, In 2003, the Supreme Court held that universities cannot establish racial quotas but could continue considering race or ethnicity as a ‘plus’ factor along with other relevant factors, On a 2006 statewide ballot, Proposal 2, to amend the Michigan Constitution “to prohibit all sex- and race-based preferences in public education, public employment, and public contracting” passed by a margin of 58 to 42 percent and eliminated consideration of race, sex, color, ethnicity, or national origin in admissions decisions. No other admissions criterion (grades, athletic ability, geographic diversity, or family alumni connections) was eliminated. Opponents filed suit, alleging that provisions affecting public colleges and universities violated the U.S. Constitution and federal statutes. The district court issued postponed application of Proposal 2. In 2008, the district court entered summary judgment, rejecting the suit. The Sixth Circuit reversed, holding that the “existence of such a comparative structural burden” (making the policy constitutional in nature) undermines the Equal Protection Clause’s guarantee that all citizens ought to have equal access to the tools of political change.
This opinion or order relates to an opinion or order originally issued on July 1, 2011.
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