Case Status: Victory

MCRI Litigation: Chronology

March 22, 2014

Victory in Schuette

In 2006, Michigan voters successfully passed Proposition 2, a ballot initiative that amended the Michigan state constitution and ended the state government’s use of racial preferences in employment decisions and in higher education admission systems.  A plurality of Justices held that the amendment did not violate the Fourteenth Amendment.

Full Sixth Circuit to consider Michigan Prop. 2

The full Sixth Circuit Court of Appeals decided to consider the constitutionality of Michigan’s Proposal 2.

September 9, 2011
July 1, 2011

Sixth Circuit erroneously strikes down Michigan Prop. 2

A three-judge panel of the U.S. Court of Appeals for the Sixth Circuit ruled that Michigan’s Proposition 2 violates the United States Constitution.

Appellate argument in Michigan Civil Rights Initiative case

A three-judge panel of the Sixth Circuit today heard oral argument in BAMN v. Granholm, the case that threatens the Michigan Civil Rights Initiative.

November 17, 2009
December 11, 2008

Michigan civil rights initiative legal fight moves forward

U.S. District Court Judge David Lawson denied the ACLU’s motion (made on behalf of the “Cantrell Plaintiffs”) to amend or modify his March 2008 ruling upholding the right of Michigan citizens to amend the Michigan constitution to forbid the use of race in most state programs.

Nebraska votes to end racial preferences

Voters in Nebraska voted by a wide margin to end preferential treatment based on skin color or gender in public education, contracting and employment. Initiative 424 passed 58% to 42%.

November 4, 2008
April 7, 2008

By no means

The National Association of Scholars website has posted an article authored by CIR president Terence Pell about recent CIR efforts to force three Michigan universities to disclose data showing the harmful effects of racial preference on the academic performance of minority students.

Judge Lawson upholds Michigan Prop. 2

U.S. District Court Judge David Lawson ruled that Michigan’s Prop. 2 does not violate the U.S. Constitution.

March 18, 2008
February 6, 2008

Co-counsel Cooper to urge end to Prop. 2 litigation

CIR co-counsel Charles J. Cooper urged U.S. Federal District Court Judge David Lawson to reject all pending legal challenges to Prop. 2 as a matter of law.

CIR asks state court to order schools to follow Prop. 2

CIR filed a class action lawsuit on behalf of Eric Russell and all other similarly situated individuals applying to Michigan state schools. CIR asked the state court to issue a preliminary injunction immediately enforcing newly enacted Article I, Section 26 of the Michigan Constitution, which bars the use of race in any decision relating to admissions or financial aid by Michigan public educational institutions.

January 4, 2007
December 29, 2006

Sixth Circuit Vacates Stay on Enforcement

The Sixth Circuit issued an opinion vacating the district court’s order staying the enforcement of Prop 2.

CIR Files an Emergency Appeal to the Sixth Circuit

CIR filed an emergency appeal with the Sixth Circuit challenging the District Court’s order delaying the implementation of Prop 2.

December 21, 2006
December 19, 2006

District Court Issues Order Delaying Enforcement

The U.S. District Court for the Eastern District of Michigan issued an order delaying the implementation of Prop 2.

Coalition Files Lawsuit

The Coalition to Defend Affirmative Action By Any Means Necessary files a lawsuit challenging the constitutionality of Prop 2, claiming that it violates the equal protection clause.

November 8, 2006
November 7, 2006

Michigan Votes to Prohibit Race Preferences by Wide Margins

The people of Michigan voted overwhelmingly to prohibit the use of race as a factor in academic admissions, government employment, and government contracting.