Ms. magazine  -- more than a magazine a movement

SIGN UP FOR MS. DIGEST, JOBS, NEWS AND ALERTS

FEMINIST WIRE NEWSBRIEFS

ABOUT
SEE CURRENT ISSUE
SHOP MS. STORE
MS. IN THE CLASSROOM
FEMINIST DAILY WIRE
FEMINIST RESOURCES
PRESS
JOBS AT MS.
READ BACK ISSUES
CONTACT
RSS (XML)
 
feminist wire | daily newsbriefs

November-16-12

Appeals Court Rejects MI Affirmative Action Ban

The United States Court of Appeals for the Sixth Circuit rejected a ban that currently prohibits Michigan from instituting affirmative action policies in higher education on Thursday by an 8 to 7 vote.

The Court ruled [PDF] that a 2006 referendum approved by Michigan voters that prohibits race or gender from being used as a factor in university admissions violates the 14th Amendment because it places additional burdens on minorities. Judge R. Guy Cole explained in his majority opinion "A black student seeking the adoption of a constitutionally permissible race-conscious admissions policy ... could do only one thing to effect change: She could attempt to amend the Michigan Constitution -- a lengthy, expensive and arduous process -- to repeal the consequences." He continued by explaining the same would not be true of a student trying to change the admissions policy to consider an applicant's alumni connections - he or she simply could circulate petitions and lobby within the university. "The existence of such a comparative structural burden undermines the Equal Protection Clause's guarantee that all citizens ought to have equal access to the tools of political change," he concluded. Dissenting judges believed that any preferential treatment for an applicant that was not based on merit challenged the premise of equal opportunity guaranteed by the law.

According to the Detroit Free Press, Michigan Attorney General Bill Schuette has already announced plans to appeal the decision to the United States Supreme Court. He also announced that he will ask the Sixth Circuit Appeals Court to stay its decision pending review of the case by the Supreme Court to prevent the Sixth Circuit Court's decision from taking effect.

Last year, a three-judge panel of the same US Court of Appeals for the Sixth Circuit voted 2 to 1 to strike down the same provision of the Michigan state constitution created by the 2006 referendum. An appeal of this decision resulted in the case appearing before the full Sixth Circuit Court.

The provision of the state constitution in question bans any preferences on the basis of ethnicity, sex, or race, particularly in regards to admissions policies at state universities. Other states, including Arizona, California, Nebraska and Washington, have similar affirmative action bans.

Media Resources: Christian Science Monitor 11/15/12; CNN 11/15/12; Detroit Free Press 11/15/12; New York Times 11/15/12; United States Court of Appeals for the Sixth Circuit 11/15/12; Feminist Newswire 7/8/11


© Feminist Majority Foundation, publisher of Ms. magazine

If you liked this story, consider making a tax-deductible donation to support Ms. magazine.

 

 

Send to a Friend
Their
Your
Comments
(optional)


More Feminist News

10/29/2014 North Dakota Supreme Court Upholds Abortion Restrictions - The North Dakota Supreme Court yesterday upheld a set of misguided restrictions on medication abortion, allowing what is effectively a ban on early, non-surgical abortions in the state to go into effect immediately. The decision overturned a lower court order finding the law, known as HB 1297, unconstitutional and permanently blocking its enforcement. . . .
 
10/29/2014 Georgia Court Refuses to Recognize 40K Voter Registrations From Primarily People of Color and Young People - A state court judge on Tuesday refused to order the Georgia Secretary of State to add some 40,000 voters to the voter rolls, potentially disenfranchising thousands of African Americans and other people of color in the state. Judge Christopher Brasher of the Fulton County Superior Court denied a petition from the Lawyers' Committee for Civil Rights Under Law (LCCR), the New Georgia Project and the Georgia branch of the NAACP asking the court to force Secretary of State Brian Kemp (R) to process an estimated 40,000 "missing" voter registrations. More than 100,000 voters were registered by the three groups, but about a third of those registered never made the rolls. . . .
 
10/28/2014 Ohio Officials Threaten to Close Cincinnati's Last Remaining Abortion Clinic - Ohio's TRAP law may soon force the last remaining abortion clinic in the greater Cincinnati metropolitan area to close, leaving an estimated 2.1 million people without access to a comprehensive reproductive healthcare site. Planned Parenthood's Elizabeth Campbell Surgical Center received a notice earlier this week from state health officials threatening to shut down the facility for failure to obtain a transfer agreement with a local private hospital. Last year, Ohio Governor John Kasich (R) signed into law a requirement that abortion clinics obtain a written agreement with a local hospital willing to take patients from the clinic in an emergency, despite the fact that emergencies are extremely rare and hospital emergency rooms must already accept patients. . . .