Proposal 2 in front of the full Sixth Circuit today
Today, the Sixth Circuit, sitting en banc, will be hearing the case of Coalition to Defend Affirmative Action v. Regents of the University of Michigan. This case challenges the constitutionality of Proposal 2, a statewide constitutional amendment that banned the use of race by Michigan state and local governments. You can read PLF’s brief here. This case is similar to the other BAMN lawsuit PLF is litigating in the Ninth Circuit that challenges the constitutionality of Propostion 209. The difference is that the Sixth Circuit took the extraordinary step of actually striking down Proposal 2. The court held that the constitutional amendment, which banned discrimination, violated the Equal Protection Clause. A spokesman for the Michigan Attorney General, who is defending Proposal 2, got it right when she said, “if that sounds crazy to you, there’s a reason. It just doesn’t make any sense.” Let’s hope the full court gets it right.
What to read next
PLF asks the U.S. Supreme Court to rule that there is no “legislative exception” to the unconstitutional conditions doctrine
It seems that some governments and courts prefer to treat Supreme Court precedent as an option, rather than a requirement. The Supreme Court has ruled—twice—that it’s unconstitutional for government to … ›