University of Michigan Law School
Civil Rights Litigation Clearinghouse
Supreme Court to Review Michigan Affirmative Action, Again.
November 20, 2012
The 6th Circuit federal appeals court ruled on November 15, 2012 that Michigan's ban on affirmative action, enacted by voters in 2006, is unconstitutional. The amendment to the state's constitution, known as Proposal 2, followed on the heels of a U.S. Supreme Court opinion that upheld university affirmative action of limited scope. In an 8-7 decision, the U.S. Circuit Court of Appeals for the Sixth Circuit struck down Proposal 2 because, the court held, it creates unfair barriers to minority participation in the political process. The Supreme Court is currently reconsidering higher education affirmative action in Fisher v. University of Texas, which was argued October 10, 2012. Nonetheless, in a surprise announcement, the Supreme Court announced on March 25, 2013, that it would also review this matter; arguments will be in the fall.

Relevant case(s) include: