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Supreme Court Upholds Michigan Affirmative Action Ban

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.

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Most Black People

Most black people have no clue what MLK purpose was. This coming from a non-white person.

Very good decision.

Here's a great write-up by Mitch Albom:

Denied Michigan hopeful learns tough lesson

First, we should remember that Brooke Kimbrough is still in high school. She is, as the Beatles once sang, just 17.

So even if she ruffled feathers this past week claiming she should have been admitted to the University of Michigan — despite lower grades and test scores — because she is African American and the school needs diversity, the best thing is not to insult her or dismiss her.


Very worth reading

all the way through~

Daughter of 1776 American Revolutionists

I would have expected this to

I would have expected this to be more popular here given that it upholds states rights.

To climb the mountain, you must believe you can.

scawarren's picture

Right this seems good to me.

Right this seems good to me.

It is easier to fool people than to convince them that they have been fooled. – Mark Twain

This is good news....

It has never been fair to accept kids into college based on their race over their intellectual ability. It WAS indeed reverse race discrimination...until now.

"Necessity is the plea for every infringement of human freedom. It is argument of tyrants. It is the creed of slaves." William Pitt in the House of Commons November 18, 1783
"I know major allies who fund them" Gen. Dempsey referring to ISIS

I completely agree

In fact, I've even stopped using the term "reverse racism" as I think it suggests that racism against white people is some kind of special brand of racism when it's really not. Racism is racism, no matter which race is being discriminated against! Very glad this went the way it did.


know what the laws are on other states such as California, Texas, the other southern states? Just wondering where the other states fall on this issue to compare.

Seems like the right call, so good for Michigan I suppose. Maybe this will spread to other states now.