The full Sixth Circuit Court of Appeals decided today that it will consider the constitutionality of Michigan’s Proposal 2. A provision of the Michigan Constitution enacted by voters in a referendum in 2006, Proposal 2 bans the state government from giving preferential treatment based on race. Today’s decision by the full, en banc court voids July’s aberrant ruling by a three-judge panel of that court that Proposal 2 violates the Equal Protection Clause of the U.S. Constitution. The question now will be taken up by the full court.
- Read Ed Whelan’s analysis on National Review Online