Sunday, November 18, 2012

Sixth Circuit uses First Amendment-style reasoning to turn down voter-approved affirmative action ban in Michigan

The Sixth Circuit Court of Appeals, in an 8-7 en banc ruling, held that the voter approved ban on affirmative action at universities by voters in Michigan is unconstitutional. The case was called the Coalition to Defend Affirmative Action v. Regents of the University of Michigan

The pdf for the opinion is here
The Court adhered to some bizarre use of both the First Amendment and Equal Protection: that voters who support affirmative action must try to amend the state constitution again, an arduous process.  It would be like banning one side of a debate the right to self-publish.  
The link for the New York Times story Saturday by Tamar Lewin is here.

The conservative National Review has a blog posting ("The Corner: The One and Only") criticizing the judicial activism, countering voter will on what some see as a civil rights issue,  here

Emory University has one hour Family Forum video on whether the Supreme Court really “saved” affirmative action in 2003, led by Provost Earl Lewis.  

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