Court agrees to reconsider affirmative action ruling

Sep 9, 2011

Update 6:18 p.m.

Here's a copy of the court order.

5:42 p.m.

The U.S. Sixth Circuit Court of Appeals will reconsider a decision to strike down Michigan's ban on race- and gender-based affirmative action in university admissions.

A panel of the court ruled in July that the affirmative action ban violated equal protection rights in the U.S. Constitution.

The new hearing will take place before more than a dozen judges that make up the entire sixth circuit appeals court based in Cincinnati.

Michigan voters approved the amendment to the state constitution in 2006. The amendment was challenged in federal court by several civil rights groups. Oral arguments and a decision in the case are not expected before next year.

Here's an excerpt from a press release from Michigan Attorney General Bill Schuette:

On July 1, 2011, a three judge panel of the U.S. Court of Appeals for the 6th Circuit issued a 2-1 decision that declared Michigan’s constitutional ban on racial preferences in public education unconstitutional on the grounds it allegedly violated the 14th Amendment of the U.S. Constitution.   

Schuette appealed the ruling through a formal request for rehearing en banc with the U.S. Court of Appeals for the 6th Circuit.  A rehearing en banc involves presenting the case to the full court of the 6th Circuit for review.  This process is reserved when new decisions conflict with previous rulings, and for questions of “exceptional importance” (Federal Rules of Appellate Procedure - 35).

MCRI was approved by a 58% majority of Michigan voters in November, 2006.   The day after the measure was approved, several organizations filed suit to invalidate MCRI.  The measure was previously upheld in December 2006 when a separate three judge panel from the 6th Circuit issued a preliminary ruling that unanimously concluded the measure passed Constitutional muster. 

The Michigan Civil Rights Initiative will remain in force pending a final decision by the court.

5:21 p.m.

The U.S. Sixth Circuit Court of Appeals has agreed to reconsider a decision to strike down Michigan's ban on race- and gender-based affirmative action in university admissions.