Full Sixth Circuit to consider Michigan Prop. 2

September 09, 2011 − by CIR − in Case Updates − Comments Off on Full Sixth Circuit to consider Michigan Prop. 2

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

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