November 13, 2009

Oral argument in Proposal 2 case this Tuesday

By Oral argument in Proposal 2 case this Tuesday

Author: Joshua Thompson

Proposal 2, the Michigan Civil Rights Initiative, bans preferential treatment on account of race or sex in  Michigan government.  The constitutionality of Proposal 2 was challenged immediately by a number of defendants who could no longer receive preferential treatment to attend Michigan Universities.  The defendants primary argument is that Proposal 2 denies certain races equal access to the political process, thereby infringing on their right to Equal Protection under the Fourteenth Amendment.  I blogged about this argument before.

The Ninth Circuit Court of Appeals already rejected this argument when it was made by the opponents of Proposition 209, the California Civil Rights Initiative, which banned preferential treatment in California government.  This past March, the Eastern District of Michigan rejected this argument with respect to Proposal 2.  In fact, every court that has ever heard this argument has rejected it.  The Michigan decision is now on appeal before the Sixth Circuit Court of Appeals, with oral argument scheduled for this Tuesday.  Hopefully the court will issue its decision quickly, and stamp out this ridiculous argument once and for all.

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