Sunday, November 18, 2012
From the Detroit News:
A federal appeals court has thrown out Michigan's voter-approved ban on affirmative action in college admissions and public hiring.
The court ruled the 2006 amendment to the Michigan Constitution is illegal because it presents an extraordinary burden to opponents, who would have to mount their own long, expensive campaign to protect affirmative action.
The Sixth U.S. Circuit Court of Appeals in Cincinnati said Thursday that the burden undermines a federal right that all citizens "have equal access to the tools of political change."
Based on reading just the news stories, I think it problematic that the Sixth Circuit’s reasoning will survive the Supreme Court’s scrutiny