Sixth Circuit lifts order suspending enforcement of Prop. 2
Washington DC: Late Friday night, December 29, 2006, a three judge panel of the U.S. Court of Appeals for the Sixth Circuit reversed a lower court order suspending enforcement of Article I, Section 26 of the Michigan Constitution. That means that the new amendment barring the use of race by all state agencies goes into effect immediately, and will govern all admissions decision made by Michigan Universities from this point forward.
Article I Section 26 was passed by a large majority of Michigan voters — 58% – 42% on November 7, 2006. Opponents of the provision immediately filed a federal lawsuit. Three Michigan universities (University of Michigan, Michigan State, and Wayne State) successfully persuaded Attorney General Cox and federal District Court Judge David Lawson to agree to an order suspending enforcment of the new constitutional provision for the remainder of this year’s admissions cycle, through June 30, 2007.
Today’s decision by the Sixth Circuit lifts Judge Lawson’s order suspending enforcement. It means Article I, Section 26 now goes into effect while various legal appeals wind their way through the courts.
CIR President Terence Pell said, “This is the re-birth of Prop. 2 and the end of racial preferences in college admissions in the state of Michigan. It is a vindication of the right of the state of Michigan to decide to do away with racial preferences as a matter of state policy. It gets the federal courts out of the business of second guessing the legitimate decision by the voters of Michigan to forego the use of racial preferences in all state programs.”