Coal. to Defend Affirmative Action, Integration & Immigrant Rights & Fight for Equality by Any Means Necessary v. Regents of Univ. of Mich.C, No. 08-1534 (6th Cir. 2011)Annotate this Case
Proposal 2, a successful voter-initiated amendment to the Michigan Constitution, became effective in 2006 and prohibited public colleges from granting "preferential treatment to any individual or group on the basis of race, sex, color, ethnicity, or national origin." The district court entered summary judgment upholding Proposal 2. The Sixth Circuit reversed, based on two U.S. Supreme Court decisions, and applying strict scrutiny because the enactment changed the governmental decision-making process for determinations with a racial focus. Proposal 2 targets a program that "inures primarily to the benefit of the minority" and reorders the political process in Michigan in such a way as to place "special burdens" on racial minorities. Admissions committees are political decision-making bodies and the Proposal is more than a mere repeal of desegregation laws. The court noted the procedural obstacles that would be faced by minorities favoring race-based admissions.
The court issued a subsequent related opinion or order on November 15, 2012.