US court strikes down Mich. affirmative action ban
DETROIT (AP) — Michigan's ban on affirmative action in college admissions was declared unconstitutional Thursday by a deeply divided federal appeals court, six years after state voters said race could not be an issue in choosing students.
In an 8-7 decision, the court said the 2006 amendment to the Michigan Constitution is illegal because it presents an extraordinary burden to opponents who would have to mount their own long, expensive campaign through the ballot box to protect affirmative action.
That burden "undermines the Equal Protection Clause's guarantee that all citizens ought to have equal access to the tools of political change," said Judge R. Guy Cole Jr., writing for the majority at the 6th U.S. Circuit Court of Appeals in Cincinnati.
The court said having supporters and opponents debate affirmative action through the governing boards of each public university would be much fairer than cementing a ban in the constitution, which it referred to as home of "the highest level" of public policy.
The court did not comment on a portion of the amendment that deals with government hiring.
The decision is limited to states in the 6th Circuit, which includes Kentucky, Ohio and Tennessee. But it also raises the odds that the U.S. Supreme Court may get involved. A very similar law in California was upheld by a San Francisco-based appeals court, and the Supreme Court could choose to resolve the conflicting decisions of the 9th Circuit and the 6th Circuit on voter-approved bans.
Michigan Attorney General Bill Schuette, a supporter of the ban, said he will ask the nation's highest court to take the case.
"Entrance to our great universities must be based upon merit," he said.
George Washington, a Detroit attorney for the Coalition to Defend Affirmative Action, said the ruling is a "tremendous victory." He predicted the case will move to the Supreme Court.
"What this really means is thousands of blacks and Latinos who would not have had a chance to go to our most selective universities will have the chance to become lawyers, doctors and leaders of all fields," Washington said.
As the college admissions process for 2013 heats up, it wasn't immediately clear what campuses would do in light of the ruling. Officials at the University of Michigan and Michigan State University said they were reading the decision.
At the University of Michigan, 8 percent of undergraduates this fall are black or Hispanic, compared to almost 11 percent in 2008. The number of black female undergraduates is down 27 percent compared to 2008, according to university data.
This is the second time that the appeals court has examined Michigan's affirmative action issue. A three-judge panel last year also found the ban unconstitutional for similar reasons. But after a plea from Schuette, the entire court decided to take a fresh look at the matter, with new filings and arguments leading to the new ruling Thursday.
In a 32-page opinion, the court's majority explained the difficulties that it sees for students under the constitutional amendment. For example, there's nothing barring someone from citing family alumni connections when applying to a college. But the court said a student seeking to use race to influence the admissions process now is shut out unless the constitution is changed again.
"Michigan cannot force those advocating for consideration of racial factors to traverse a more arduous road without violating the Fourteenth Amendment," the court said. "We thus conclude that Proposal 2 reorders the political process in Michigan to place special burdens on minority interests."
In dissent, Judge Danny Boggs said the majority relied on an "extreme extension" of two Supreme Court cases to justify its decision, one in 1969 involving the repeal of a fair housing law in Akron, Ohio, and the other in 1982 involving an effort to stop racial integration in Seattle schools.
"We have the citizens of the entire state establishing a principle that would in general have seemed laudable," Boggs said of Michigan.
Another dissenter, Judge Julia Smith Gibbons, said the will of 58 percent of voters in 2006 has been shredded.
"Michigan has chosen to structure its university system such that politics plays no part in university admissions at all levels. ... The Michigan voters have therefore not restructured the political process in their state by amending their state constitution; they have merely employed it," Gibbons said.
Besides Michigan, six states have banned racial preferences in admissions: Washington, Nebraska, Arizona, New Hampshire, California and Florida. In Texas and Georgia, leading public universities use a race-neutral system, though the University of Texas has maintained some use of affirmative action.
Since a 2003 Supreme Court decision, universities have been allowed to use racial preferences if they choose, though they are not compelled to do so. The court last month heard arguments in a case that could change that precedent. Abigail Fisher, a rejected white applicant, is suing the University of Texas.
In an 8-7 decision, the court said the 2006 amendment to the Michigan Constitution is illegal because it presents an extraordinary burden to opponents who would have to mount their own long, expensive campaign through the ballot box to protect affirmative action.
That burden "undermines the Equal Protection Clause's guarantee that all citizens ought to have equal access to the tools of political change," said Judge R. Guy Cole Jr., writing for the majority at the 6th U.S. Circuit Court of Appeals in Cincinnati.
The court said having supporters and opponents debate affirmative action through the governing boards of each public university would be much fairer than cementing a ban in the constitution, which it referred to as home of "the highest level" of public policy.
The court did not comment on a portion of the amendment that deals with government hiring.
The decision is limited to states in the 6th Circuit, which includes Kentucky, Ohio and Tennessee. But it also raises the odds that the U.S. Supreme Court may get involved. A very similar law in California was upheld by a San Francisco-based appeals court, and the Supreme Court could choose to resolve the conflicting decisions of the 9th Circuit and the 6th Circuit on voter-approved bans.
Michigan Attorney General Bill Schuette, a supporter of the ban, said he will ask the nation's highest court to take the case.
"Entrance to our great universities must be based upon merit," he said.
George Washington, a Detroit attorney for the Coalition to Defend Affirmative Action, said the ruling is a "tremendous victory." He predicted the case will move to the Supreme Court.
"What this really means is thousands of blacks and Latinos who would not have had a chance to go to our most selective universities will have the chance to become lawyers, doctors and leaders of all fields," Washington said.
As the college admissions process for 2013 heats up, it wasn't immediately clear what campuses would do in light of the ruling. Officials at the University of Michigan and Michigan State University said they were reading the decision.
At the University of Michigan, 8 percent of undergraduates this fall are black or Hispanic, compared to almost 11 percent in 2008. The number of black female undergraduates is down 27 percent compared to 2008, according to university data.
This is the second time that the appeals court has examined Michigan's affirmative action issue. A three-judge panel last year also found the ban unconstitutional for similar reasons. But after a plea from Schuette, the entire court decided to take a fresh look at the matter, with new filings and arguments leading to the new ruling Thursday.
In a 32-page opinion, the court's majority explained the difficulties that it sees for students under the constitutional amendment. For example, there's nothing barring someone from citing family alumni connections when applying to a college. But the court said a student seeking to use race to influence the admissions process now is shut out unless the constitution is changed again.
"Michigan cannot force those advocating for consideration of racial factors to traverse a more arduous road without violating the Fourteenth Amendment," the court said. "We thus conclude that Proposal 2 reorders the political process in Michigan to place special burdens on minority interests."
In dissent, Judge Danny Boggs said the majority relied on an "extreme extension" of two Supreme Court cases to justify its decision, one in 1969 involving the repeal of a fair housing law in Akron, Ohio, and the other in 1982 involving an effort to stop racial integration in Seattle schools.
"We have the citizens of the entire state establishing a principle that would in general have seemed laudable," Boggs said of Michigan.
Another dissenter, Judge Julia Smith Gibbons, said the will of 58 percent of voters in 2006 has been shredded.
"Michigan has chosen to structure its university system such that politics plays no part in university admissions at all levels. ... The Michigan voters have therefore not restructured the political process in their state by amending their state constitution; they have merely employed it," Gibbons said.
Besides Michigan, six states have banned racial preferences in admissions: Washington, Nebraska, Arizona, New Hampshire, California and Florida. In Texas and Georgia, leading public universities use a race-neutral system, though the University of Texas has maintained some use of affirmative action.
Since a 2003 Supreme Court decision, universities have been allowed to use racial preferences if they choose, though they are not compelled to do so. The court last month heard arguments in a case that could change that precedent. Abigail Fisher, a rejected white applicant, is suing the University of Texas.
According to the governments of this country discrimination is OK if it is used to gain votes for the politicians, but very wrong if individuals use it for their own purposes.Â
"But it also raises the odds that the U.S. Supreme Court may get involved."
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Yes, get them involved.
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"Michigan Attorney General Bill Schuette, a supporter of the ban, said he will ask the nation's highest court to take the case."Entrance to our great universities must be based upon merit," he said."
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Agreed, It has to be the best and the brightest. The way it is currently it can overlook sharp kids and pick idiots solely based on minority status.
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I told my nephew when he applied for college to put that he was transgendered and ask about their transgendered policies and if they discriminated about transgendered people. They started to fall all over themselves telling him that they were supportive of transgendered people and would be glad to have him at their facility. He got in and graduated with his degree. He is not transgendered of course but competition in getting into some colleges is difficult and he had to compete with idiots who were minorities and that gave them equal access as my nephew who was a 4.0 student.
 @RalphCramdenÂ
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LOL I told my nephew the same thing.
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He was concerned at first about what people would "think" about him and I said "Do you really care?"
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He got in no problem. Not that he had any issue to begin with but his scholarship fell through when he got hurt and was afraid to flip the bill himself.
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Hey Ralph, do you want to know how many grants exist for someone who is part of the LGBT community NOT available to others? 14 and my nephew qualified for 6, and got 4.
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Saved his mom $10,000 in this year alone. He can apply again for each year. Might save my sister $40,000 to $50,000 for his education.
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Some may get angry for him "taking advantage" of the system. But why is he any less important than someone who looks just like him but is gay?
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The special advantage system is flawed. While I disagree that âidiotsâ are picked, there is certainly cases where a more qualified students MUST be overlooked for a less qualified one because of minority quotas some universities are required to uphold.
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 @Repoman Â
Use the system anyway you can. I do it almost every day. It's the game we Americans play and I am getting very good at it.
Racism is alive and well, your merits should determine your eligibility, not your skin color. getting sick of this crap.
@randomdude I fully agree . affirmative action is Federally sponsered Racisim at it worst!!
The feds need to stop meddling in state affairs, voters decided they want equal opportunity for all, not just for minorities.
 @lee986321 @randomdudeÂ
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Not that I disagree with your message lee, but I can tell you there have been instances where over 300,000 people had a least a moment of "insanity". Some would argue that the election of Obama is a classic example of that.
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Don't confuse popularity with righteousness, correctness or reasonability. Think of the things that were none of those in history that more than 300,000 believed in.
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 @randomdude I can safely say that that there are 324, 293 people that agree with you when you say "the Feds Need to stop meddling in peoples affairs" and that number isn't sum number I pulled out of the hat either. And I do not think that 324,00+ are crazy, insane or nuts.