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  Federal court: Michigan ban on race in college admissions illegal
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ContributorScott³ 
Last EditedScott³  Jul 01, 2011 05:36pm
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AuthorDAVID ASHENFELTER AND DAWSON BELL
News DateFriday, July 1, 2011 11:35:00 PM UTC0:0
Description"A federal appeals court today struck down Proposal 2, the 2006 Michigan referendum that banned affirmative action in college admissions, employment and contracting, setting up another U.S. Supreme Court showdown on the issue.

“It’s a tremendous victory,” Detroit attorney George Washington said today, shortly after the U.S. 6th Circuit Court of Appeals ruled in a 2-1 decision that Proposal 2 was unconstitutional.

““Affirmative action is back on the agenda,” Washington said.

Washington, who represents members of a coalition of organizations that fought the 2006 ballot proposal, said he expects the state to ask the entire U.S. 6th Circuit to review the decision and, if that fails, ask the U.S. Supreme Court to take up the issue.

But Michigan Attorney General Bill Schuette said this afternoon the decision will be appealed to the full 6th U.S. Circuit, and that, in the mean time, Proposal 2 will remain in effect.

"MCRI embodies the fundamental premise of what America is all about: equal opportunity under the law," Schuette said in a statement. "Entrance to our great universities must be based upon merit, and I will continue the fight for equality, fairness and rule of law."

Jennifer Gratz, who led the campaign for passage of Proposal 2 following the conclusion of her own lawsuit against the University of Michigan for using race-based admissions, said this morning that an appeal is almost certain and “I can’t imagine this ruling will stand.”

The appeals court said Proposal 2, which was appealed by a 58-42 percentage margin, is unconstitutional because it restructured Michigan’s political process in a way that placed special burdens on minorities that deprived them of equal protection under the law."
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