Supreme Court Upholds Michigan Affirmative Action BanSubmitted by UndeclaredWars on Tue, 04/22/2014 - 17:23
Supreme Court Upholds Michigan Affirmative Action Ban
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by Ken Klukowski 22 Apr 2014, 7:44 AM PDT post a comment
On Apr. 22 in Schuette v. BAMN, the Supreme Court of the United States held 6-to-2 that a Michigan constitutional amendment ending racial preferences in many aspects of state government does not violate the Equal Protection Clause of the Fourteenth Amendment of the U.S. Constitution.
The Fourteenth Amendment was adopted in 1868 after the Civil War. One of its clauses forbids any state from denying any person “equal protection of the laws.” The Supreme Court has repeatedly held that the central purpose of that clause is to end racially discriminatory state laws.
In 2003, the Supreme Court allowed certain racial preferences to continue nationwide in two 5-to-4 decisions concerning admissions at the University of Michigan. Justice Sandra Day O’Connor was the deciding vote in both cases, one of which allowed (but did not require) “reverse” racial discrimination to remedy past discrimination.
Following that decision, in 2006, Michiganders adopted Proposal 2 by a margin of 58–42. It amended the Michigan Constitution to end racial preferences in a wide array of government actions and programs, including college admissions.
The Supreme Court in Schuette upheld this provision today. There was no majority opinion for the Court. Justice Anthony Kennedy wrote the lead opinion for the plurality, which will be the one carrying the force of law for the nation. He was joined by Chief Justice John Roberts and Justice Samuel Alito.