theGrio

Back to the Top

Main menu

Skip to primary content
Skip to secondary content
  • Home
  • Entertainment
    • Music
    • The Dish
  • Health
    • Ask Dr. Ty
    • Black Men’s Health
    • Black Women and Breast Cancer
    • Back to School Health
  • Living
    • Travel and Leisure
    • Living Forward
    • Books
  • Politics
    • Perry on Politics
  • Sports
  • News
    • Good News
  • Opinion

News

US appeals court stays Michigan affirmative action ban

by Corey Williams, Associated Press | December 1, 2012 at 8:51 AM
Comments
Print
Hundreds of people participate in a march and rally for affirmative action September 16, 2006 in Lansing, Michigan. The march was designed to oppose Proposal 2 on the Michigan ballot, which will be voted on November 7th. (Photo by Bill Pugliano/Getty Images)

Hundreds of people participate in a march and rally for affirmative action September 16, 2006 in Lansing, Michigan. The march was designed to oppose Proposal 2 on the Michigan ballot, which will be voted on November 7th. (Photo by Bill Pugliano/Getty Images)

Related Posts

  • Court overturns Michigan affirmative action ban
  • Michigan attorney general fights for affirmative action ban
  • Michigan affirmative action ban struck down
  • Court hears challenge to California affirmative action ban
  • Should a white majority sign off on affirmative action policy?

DETROIT (AP) — The ruling that ended Michigan’s ban on affirmative action in college admissions was put on hold Friday until the U.S. Supreme Court decides to hear an appeal by the state’s attorney general.

The 6th U.S. Circuit Court of Appeals in Cincinnati issued an order staying its Nov. 15 ruling that the voter-approved mandate was unconstitutional.

Michigan Attorney General Bill Schuette filed a petition Thursday asking the high court to review the ruling.

“The ruling is on hold until the Supreme Court says it will take the appeal,” said Joy Yearout, a spokeswoman for Schuette.

If the high court hears the appeal, the stay will remain until the Supreme Court makes a ruling. If Schuette’s appeal is denied, then the affirmative action ban is ended, she added.

In 2006, Michigan voters amended the state constitution to ban the use of race in choosing students.

In their 8-7 decision, the appeals court said the amendment is illegal because it presents an extraordinary burden to opponents who would have to mount their own long, expensive campaign through the ballot box to protect affirmative action.

That burden “undermines the Equal Protection Clause’s guarantee that all citizens ought to have equal access to the tools of political change,” Judge R. Guy Cole Jr. wrote for the majority on the appeals court.

Schuette said in his petition that the appeals court misapplied the Supreme Court’s “equal-protection precedents.”

“It is exceedingly odd to say that a statute which bars a state from discriminating … on the basis of race violates the Equal Protection Clause because it discriminates on the basis of race and sex,” Schuette wrote.

Since a 2003 Supreme Court decision, universities have been allowed to use racial preferences if they choose, though they are not compelled to do so. Michigan, Washington, Nebraska, Arizona, New Hampshire, California and Florida have banned racial preferences in admissions. Leading public universities in Texas and Georgia use a race-neutral system, though the University of Texas has maintained some use of affirmative action.

The high court recently heard arguments in a case that could change that precedent — Abigail Fisher, a rejected white applicant, is suing the University of Texas.

“The more likely outcome is that the Supreme Court will hold onto the Michigan case until it decides the University of Texas case and then revisit it,” said Peter Henning, a law professor at Wayne State University in Detroit. “The grounds are different but each involves an affirmative action program.”

Meanwhile, schools in Michigan are “in limbo” regarding some admissions policies, Henning added.

“Everything is on hold — quite possibly until June,” he said. “You don’t want to commit to one way of doing things and then have to reverse again.”

 

Copyright 2012 The Associated Press

  • Kansas City Chiefs' Jovan Belcher (59) stands on the sidelines during an NFL football game against the Buffalo Bills in Orchard Park, N.Y. Police say Belcher fatally shot his girlfriend early Saturday, Dec. 1, 2012, in Kansas City, Mo., then drove to Arrowhead Stadium and committed suicide in front of his coach and general manager. (AP Photo/Bill Wippert, File)
    Next Story:

    NFL player Jovan Belcher, of Kansas City Chiefs, dead in alleged murder-suicide

  • Quarterback Colin Kaepernick #7 of the San Francisco 49ers throws a pass against the New York Giants at Candlestick Park on October 14, 2012 in San Francisco, California. The Giants won 26-3. (Photo by Stephen Dunn/Getty Images)
    Previous Story:

    Columnist criticizing Colin Kapernick’s tattoos off-base

Filed in: Education, News | Related Topics: Affirmative Action, Appeals Court, Ban, College Admissions, Education, Michigan
  • Learn about our User Panel

    Read More
  • New Stories on theGrio

    • Chief Keef threatens to slap Katy Perry via Twitter Chief Keef threatens to slap Katy Perry via Twitter
    • Warrant for rapper Tim Dog, despite death reports Warrant for rapper Tim Dog, despite death reports
    • Pa. woman convicted in fiance’s wedding day death Pa. woman convicted in fiance’s wedding day death
    • Mayoral candidate ‘endorsed by Jesus’ finishes last Mayoral candidate ‘endorsed by Jesus’ finishes last
    • First lady: ‘I have failed at things’
    • Is hip-hop finally over molly?
    • 4 boss moves to make during Memorial Day weekend
    • Stop and Frisk report: Whites stopped more likely have weapons than blacks
  • What Your Friends Are Reading

  • More from theGrio

More Stories on theGrio

Top News

Politics

  • Transportation Secretary nominee, Charlotte, N.C. Mayor Anthony Foxx testifies on Capitol Hill in Washington, Wednesday, May 22, 2013, before the Senate Commerce, Science and Transportation Committee hearing on his nomination. (AP Photo/Manuel Balce Ceneta)

    Anthony Foxx receives warm reception from senators

  • Obama cites new framework for terror war

  • Obama's 1979 prom photo, yearbook note to 'foxy' friend unearthed

  • Are the Obamas too critical of black Americans?

» Read More in Politics

Business

  • An elderly black couple. © poco_bw – Fotolia.com

    Black Americans retiring earlier, with less savings

  • BlackStartup.com seeks to uplift black businesses

  • Payday loans: A debt trap in disguise

  • Tiger Woods makes a comeback on the course, and in video game sales

» Read More in Business

Living

  • mcdonalds_lottery 1x9

    McDonald's can't shake criticism about nutrition

  • Beyoncé and Rent The Runway launch 'The Beyoncé Boutique'

  • Homeless teen graduates as valedictorian of high school class

  • Memorial Day staycation hotspots!

» Read More in Living

Inspiration

  • Television journalist Robin Roberts poses with her Peabody at the 72nd Annual Peabody Awards at the Waldorf-Astoria on Monday, May 20, 2013 in New York. (Photo by Evan Agostini/Invision/AP)

    Robin Roberts to write memoir about illness

  • Charlotte remembers 1963 desegregation 'eat-in'

  • Tornado survivor saved by teacher

  • Obama speech makes Morehouse grads 'proud'

» Read More in Inspiration

Entertainment

  • Kanye West  (Photo by Pascal Le Segretain/Getty Images)

    The top 5 rap lyrics of the week

  • UK rapper live tweets London knife attack

  • Darius Rucker rides 'Wagon Wheel' to top of charts

  • Janet Jackson officially hits billionaire status

» Read More in Entertainment

News

  • ST LOUIS, MO - SEPTEMBER 16: Quarterback Robert Griffin III #10 of the Washington Redskins watches from the sidelines during the game against the St. Louis Rams at Edward Jones Dome on September 16, 2012 in St Louis, Missouri. (Photo by Jamie Squire/Getty Images)

    Robert Griffin III still aiming for Redskins' opener

  • UCLA awarded $10M grant to study autism in African-Americans

  • Chinua Achebe honored in Nigeria funeral

  • Zimmerman wants Trayvon's pot use referenced

» Read More in News

Main menu

Skip to primary content
Skip to secondary content
  • Politics
  • Living
  • Video
  • Inspire
  • Health
  • Entertainment
  • News
  • Terms of Service
  • Privacy Policy
  • Advertise with TheGrio
  • About
©2013 NBCUniversal
Powered by WordPress.com VIP