Appeals Court Strikes Down Michigan’s Affirmative Action Ban
- Posted on July 1, 2011 at 4:49pm by
Jonathon M. Seidl
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DETROIT (AP) — A federal appeals court on Friday struck down Michigan’s ban on the consideration of race and gender in college admissions, saying it burdens minorities and violates the U.S. Constitution.
The 2-1 decision upends a sweeping law that forced the University of Michigan and other public schools to change admission policies. The 6th U.S. Circuit Court of Appeals said the law, approved by voters in 2006, violates the 14th Amendment’s Equal Protection Clause.
The court mostly was concerned about how the affirmative action ban was created. Because it was passed as an amendment to the state constitution, it can only be changed with another statewide vote. This places a big burden on minorities who object to it, judges R. Guy Cole Jr. and Martha Craig Daughtrey said.
The ban’s supporters could have chosen “less onerous avenues to effect political change,” the judges said in the court’s opinion.
Michigan pledged to appeal. Arizona, California, Nebraska and Washington state have similar bans, but they won’t be affected by the decision because the court ruling is limited to states in the 6th Circuit, which includes Kentucky, Ohio and Tennessee.
The judges cited two U.S. Supreme Court cases, 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.
“They provide the benchmark for when the majority has not only won, but also rigged the game to reproduce its success indefinitely,” Cole and Daughtrey said.
The American Civil Liberties Union, which was part of a coalition that challenged the Michigan ban, hailed the court’s decision.
The “ruling has kept the door open for thousands of academically qualified students of color to continue to pursue the American dream through our state’s colleges and universities,” said Kary Moss, an ACLU spokeswoman in Detroit.
A dissenting judge, Julia Smith Gibbons, said there was nothing wrong with the ban or the way it passed.
“The Michigan voters have … not restructured the political process in their state by amending their state constitution; they have merely employed it,” she said.
Michigan Attorney General Bill Schuette, whose office defended the law, said he will ask the full appeals court to look at the case, a request that’s rarely granted.
“Entrance to our great universities must be based upon merit, and I will continue the fight for equality, fairness and rule of law,” said Schuette, a Republican.
Gov. Rick Snyder, a Republican who opposed the 2006 constitutional amendment, had no immediate comment. He was elected last year.
The ban, which also affected government hiring, was approved by 58 percent of voters. In 2008, a federal judge in Detroit upheld it, saying it was race-neutral because no single race can benefit.
Jennifer Gratz, a Michigan native who successfully sued the University of Michigan over racial preferences before the 2006 referendum, predicted Friday’s decision eventually will be thrown out.
“It’s just a blip. The full 6th Circuit or the Supreme Court will take it,” Gratz said. “Judges are not supreme rulers. The people voted.”
A business group, Michigan Roundtable for Diversity and Inclusion, praised the ruling.
“This is one place where government should be acting more like a business, and the 6th Circuit court decision gives governments and universities the tools they need to improve diversity and inclusion,” said Debbie Dingell, a former General Motors executive.
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Comments (160)
Gonzo
Posted on July 1, 2011 at 5:30pm“burdens minorities” Yes, it burdens them to pass the entrance exams to get in, just like the white kids. It burdens them to study and get good grades, just like the white kids. Life’s a burden kiddies, get used to it.
Report Post »nostromo
Posted on July 1, 2011 at 5:30pmTruly George Orwell must be smiling somewhere. The court rules that to adhere to the Equal Protection clause of the 14th amendment, universities are now free to grant benefits to one class of students it does not grant to others. So now, in newspeak, unequal is equal. These people have reasoned themselves to insanity.
Report Post »CatB
Posted on July 1, 2011 at 5:29pmOnce again in Michigan white kids can and WILL be discriminated against … this is so WRONG. Whites need not apply. My son was college age when this was going on before .. and we didn’t bother with the schools who OPENLY DISCRIMINATE against the WHITE STUDENTS. Michigan is going down the toilet … but the “right” people will be getting their bennies once again.
Report Post »SafeguardOurLiberty
Posted on July 1, 2011 at 5:28pm“This opens the door to academically qualified people of color”. No, I don’t think so, because it never worked that way. They opened the door to unqualified people of color to fill their quotas. That is a bold faced lie, and again it is biased against whites. I despise the ACLU because they are just an anti-white organization that supports people of other races. They do nothing to help whites if they are discriminated against. They need to be disbanded.
Report Post »mikenleeds
Posted on July 1, 2011 at 5:28pmeverything in government has always been against the white man ..
Report Post »am a black man and i ve been gave everything just because am not white .. long live affirmative action ,,,
lonewolf57
Posted on July 1, 2011 at 5:27pm@Lesbian Packing Hollow Points….damn straight!
Report Post »BeingThere
Posted on July 1, 2011 at 5:27pmLet’s see, no profiling at the airport, but it’s fine at the colleges? WTF? I’ve never seen a college plummet out of the sky!
Report Post »lonewolf57
Posted on July 1, 2011 at 5:26pmThere is no ‘Supreme’ like a voter.5 years LATER ,after we the voters in Michigan passed a Amendment to our Constitution,banning racial quota’s,2 out of 3 black robes says we cannot.
As Jerry Reed sang….
“Well I’ll tell ya one thing judge, old buddy,old pal
If you wasn‘t wearin’ that black robe
I’d take you out in back of this courthouse
And I’d try a little bit of your honor on you…”
When you hot your hot.These 2 are not.
Report Post »RomanCatholic99
Posted on July 1, 2011 at 5:25pmThe coluor of your skin should have no affect what so ever on any thing after all coluor is only skin deep.
Report Post »chickenlittle
Posted on July 1, 2011 at 5:25pm“They provide the benchmark for when the majority has not only won, but also rigged the game to reproduce its success indefinitely,” Cole and Daughtrey said.
Report Post »**********
So… majority ruling is out???? What does that say about elections?
jose wasabi
Posted on July 1, 2011 at 5:24pmAffirmative action is the height of racism. Any minority granted admission to college or promoted based on affirmative action should be ashamed of themselves and their race.
Report Post »cheezwhiz
Posted on July 1, 2011 at 5:29pmjose wasabi
Report Post »Affirmative action is the height of racism. Any minority granted admission to college or promoted based on affirmative action should be ashamed of themselves and their race.
————
OO-bah-mah…OO-bah-mah
:D
Tagudinian
Posted on July 1, 2011 at 6:03pmProof of Affirmative Action – Barack and Michelle Obama
Report Post »Suzanne
Posted on July 1, 2011 at 6:13pmPrecisely that!
Report Post »Patriot Z
Posted on July 1, 2011 at 5:22pm“Diversity”- A system in which polititicians and minority race groups can legally and forcefully employ outward overt racism in areas whre racism is not only claimed to be ‘frowned upon’ but striclty forbidden. Most commonly used by progressives who need to seperate the races to gain power and then complain that the other side is the one showing racist attitudes. see all sharpton, barak obama, eric holder, jesse jackson sr and jr and anyone within thedemocrat/progressive party
Report Post »Lesbian Packing Hollow Points
Posted on July 1, 2011 at 5:22pmThe MI Constitutional amendment disenfranchises no one. This ruling is bogus and will be thrown out. Don’t worry your pretty little heads about that.
Report Post »cheezwhiz
Posted on July 1, 2011 at 5:21pm@ Pyx
Report Post »Now its illegal NOT to discriminate on the basis of race and gender
poorrichardsnews
Posted on July 1, 2011 at 5:18pmRemember that video of students supporting affirmative action but not for athletics? http://poorrichardsnews.com/post/6623831906/affirmative-action-and-sports Libs want affirmative action unless it doesn’t suit their purposes.
Report Post »cheezwhiz
Posted on July 1, 2011 at 5:14pmThe “ruling has kept the door open for thousands of academically qualified students of color to continue to pursue the American dream through our state’s colleges and universities,” said Kary Moss, an ACLU spokeswoman in Detroit.
Report Post »——————-
If they are “ academically qualified ”
why do they need their own race quota ?
And what exactly is the “ American dream ” according to marxists ?
the_ancient
Posted on July 1, 2011 at 5:10pmThe former GM Exec makes the case for why GM Failed….
it is not a business’ job to “improve diversity”, a business is to produce something a consumer wants, and that it can make a profit on……
Report Post »Pyx
Posted on July 1, 2011 at 5:10pmQUOTE A federal appeals court on Friday struck down Michigan’s ban on the consideration of race and gender in college admissions, saying it burdens minorities and violates the U.S. Constitution. UNQUOTE
WOW ! Imagine that ! Preferences based on GENITALIA is against the Constitution. No doubt the ENTITLED sex will pout.
Report Post »Parkeralan
Posted on July 1, 2011 at 5:10pmWhat a frickin’ crock! Activist judges legislating from the bench. The only hope is SCOTUS.Say what you may about GW Bush, but if not for him appointing Roberts and Alito you would not even recognize this country. Can you Imagine if Gore or Kerry were pres the leftist turds who would be deciding our rights and future?
Meanwhile I‘m just sittin’ here…. cleanin’ my guns!
Report Post »planecrashlaw
Posted on July 1, 2011 at 9:04pm“Parkeralan
Meanwhile I‘m just sittin’ here…. cleanin’ my guns!”
Let me get this straight. There is a court decision that you take issue with, and as a result you are cleaning your guns? Why? Are you going to shoot the Judges? Do you think that shooting people that you disagree with is right?
Report Post »Whostolemypig
Posted on July 1, 2011 at 5:08pmAffirmative action is nothing more than legalized racial discrimination. Ask me again why I have no use for freeloading blacks. I want my 40 acres and a damn mule.
Report Post »Dustyluv
Posted on July 1, 2011 at 5:04pmSo the color of your skin gives you a leg up? Give me the spray paint, I want to be President….I will paint hafl of me black.
Report Post »It’s sickening that we cannot judge someone by the content of their charachter but we have to look at the color of their skin.
kasper512
Posted on July 1, 2011 at 5:59pmthis is a great few words by M.L.K.
Report Post »8jrts
Posted on July 1, 2011 at 5:03pmNHABE64 is right….what a joke. Just that “minorities” are the only ones laughing these days…at the rest who pay the bills or get pushed aside due to light skin and male parts.
Report Post »cheezwhiz
Posted on July 1, 2011 at 5:03pmGratz said. “Judges are not supreme rulers. The people voted.”
Report Post »—————-
And it matters how exactly in USA these days ?
bitter clinger
Posted on July 1, 2011 at 5:02pmMy vote is a joke! thanks your honor
Report Post »toto
Posted on July 1, 2011 at 5:28pmIt is so tempting to wish upon you Darwin’s laws. Were is not for all the special treatment afforded to not so special people, you might be long gone.
Report Post »jwbargen
Posted on July 1, 2011 at 5:30pmYou should enter a fishing contest because you sure do spend a lot of time trolling. Equal rights are afforded to everyone, just not equal results.
Report Post »CatB
Posted on July 1, 2011 at 5:30pmencinom ..
HOW ABOUT SOME NEW MATERIAL >> and the name calling just shows EVERYONE who YOU ARE. A JOKE!
Report Post »Oldphoto678
Posted on July 1, 2011 at 6:46pmWell, try voting for a constitutional law.
Report Post »TulsaYeeHaw
Posted on July 1, 2011 at 7:06pmCan you not be such a national socialist?
Report Post »NHABE64
Posted on July 1, 2011 at 4:53pmAffirmative Action for minorities should have ended decades ago. What a joke!
Report Post »Anonymous T. Irrelevant
Posted on July 1, 2011 at 5:01pmAffirmative Action is a vehicle that only discriminates against whites, in this day and age. It needs to be banned and taken out as an amendment.
Report Post »frodis
Posted on July 1, 2011 at 8:59pmExactly. I thought you couldn’t hire a person based on age,gender and race. What’s the difference here? Comcast Cable down here in South Florida is hiring hundreds of new workers. Problem is that you HAVE to speak Spanish. So regular Americans are not welcome to work at Comcast. I will never subscribe to them. What a slap in the face to Americans. Affirmative action is so 1960′s. If anything it’s racist. Work hard and study and get involved with your kids school then you shouldn’t have a problem.
Report Post »BSdetector
Posted on July 2, 2011 at 8:35amDid those idiot judges really say that banning the use of race as a qualifier for school admission “violates the 14th Amendment’s Equal Protection Clause”?
Report Post »Just W O W… These judges need to be sent back to the Soviet Union!
Holger Danske
Posted on July 2, 2011 at 9:19amWith all due respect, that is not entirely true: If you review Gratz as well as college admissions trends following the Gratz decision and Michigan’s ban on affirmative action, you will find that Asians are affected to a far greater extent than Whites. Asians were kept to a 2.5% admission level immediately prior to Gratz (and this is clear from Gratz) and I think has now shot up to 8%. Coincidence? I don’t think so. Btw, same exact trend in the UC system when they amended their race-based quotas.
Report Post »PubliusMM
Posted on July 1, 2011 at 8:29pmFrom the article: “The ban’s supporters could have chosen “less onerous avenues to effect political change,” the judges said in the court’s opinion.”
SO…the people used the mechanism available to them, and the court calls this “onerous”? Seems the shortsighted view by the court is truly onerous…
Time to prep for the coming reboot of the nation.
Report Post »jeffyfreezone
Posted on July 1, 2011 at 8:57pmAffirmative action says to the world minorities aren’t smart enough to make it without screwing over someone who earned whatever it is. It really is insulting if you ask me. We should be a meritocracy, that way there would be no question about what was or wasn’t earned.
Report Post »bluegoldnationdotcom
Posted on July 1, 2011 at 8:57pmThis ruling is a joke. Using the 14th Amendment is an AMAZING stretch. The 14th amendment kept us from having segregated public schools, these are schools with admission standards. So if I was a lawyer, I would look for ANY kid who was turned down by one of these public universities for admission and take the college to court seeking admission via the new bastardized 14th amendment.
Report Post »Rearden Steel
Posted on July 1, 2011 at 8:58pmHere’s a novel idea – tell the Supreme Court to go screw.
Report Post »Mateytwo Barreett
Posted on July 1, 2011 at 10:12pmYou might want to read the portion of thje health care bill ( Student loans). Blood’s gonna shoot outta your eyes!
Report Post »mikem1969
Posted on July 1, 2011 at 10:48pmAffirmative action is a total joke it along with parts of the civil rights law started racial warfare by putting one race above others instead of making them equal. Affirmative action and the civil rights laws need to be ended and a new set of laws that plainly and simply states EQUALITY FOR ALL. EQUAL EDUCATION = EQUAL OPORTUNITY. EQUAL HARD WORK = EQUAL PROMOTION and so on, you get the picture.
Report Post »jzs
Posted on July 1, 2011 at 11:02pmThis really is a liberal issue. Conservatives, and bigots, hated “forced integration.” No doubt forced school integration was an effort by LBJ to bring blacks and whites together in the same schools by the power of the Federal Government. I’m sure that many of you would have objected had you been adult voters at the time. But do know what has happened 30 years later? Schools are integrated, students of every ethnicity are represented and America’s newest generation accept that as a natural thing. Mexicans, Blacks, Asians and whomever else are accepted. Is there still predudice? Sure! Thanks to the older generation of bigoted parents. But, say what you want. It’s working.
Unless you’re a bigot you realize that geniuses, brilliant leaders, feirces military warriors come from every ethnicity. We’ve all got the same DNA, and same potential. To succeed America has to cast a broad net.
Report Post »libertydoc
Posted on July 2, 2011 at 12:41amyes cast a broad net, but only for the best and brightest. If you don’t have the skills or the grades go out and earn them. If you base admissions or hiring on your ethnic background or the amount of melanin pigment in your skin you are nothing but a racist pure and simple. We picked a president last election based on the historic amount of melanin he possessed an we got a complete fraud and a disaster for our country
Report Post »banjarmon
Posted on July 1, 2011 at 11:15pmJust wait until your fifty something and a white male…JUST TRY TO GET A JOB!!!
Report Post »The Big Pickle
Posted on July 1, 2011 at 11:18pmAffirmative Action is PROOF that blacks are a SUB speices of human that aren’t capable of living side by side with superior White humans.
Segregation or Repatriation back to afreeka Now!
Report Post »DYNA
Posted on July 2, 2011 at 12:32amI sometimes think that comments like yours are made by Soros sponsored liberals that are attempting to discredit The Blaze.
Report Post »DYNA
Posted on July 2, 2011 at 12:35am@THE BIG PICKLE
I sometimes think that comments like yours are made by Soros sponsored liberals that are attempting to discredit The Blaze.
Report Post »Jackers
Posted on July 2, 2011 at 7:11amAffirmative Action should be banned across the board. Why should one race receive preferential treatment over another? Why should one set of rules apply to one class of people, such a legal citizens in this country, while not to others, such as illegal aliens?
I’m tired of this government deciding which laws to uphold and which laws to ignore… Equal justice, not this fabricated “Social Justice,” should be applied to all; and equal opportunities should be available to all Americans; not just a select few…
Report Post »ghost-of-elvis
Posted on July 3, 2011 at 5:06pmAffirmative action should have been ended before it started. Once again the will of the people is disregarded by an activist judicial system, and I thought it was the duty of the legislative branch to make laws. I love this country so much I don’t understand how we keep allowing this to happen.
Report Post »