November 15, 2012

Proposal 2 struck down by the Sixth Circuit

By Joshua P. Thompson Senior Attorney

The Sixth Circuit, sitting en banc, declared Proposal 2 unconstituional under the Equal Protection Clause today. Proposal 2 is Michigan’s landmark constitutional amendment that banned racial preferences and discrimination by state and local government. Think about that for a second — a constitutional amendment banning discrimination is held to violate the Equal Protection Clause. I’ll have more on the decision when I have had a chance to read it.

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