A full federal appeals court has set aside a panel decision that struck down Michigan’s ban on using racial preferences in admissions in state colleges and universities.
The U.S. Court of Appeals for the 6th Circuit, in Cincinnati, will give “en banc” review of the 2006 Michigan measure that amended the state constitution to bar not only state colleges but also school districts, other local governments, and the state itself from giving preferential treatment based on race, sex, color, ethnicity, or national origin.
In a July 1 decision, a panel of the 6th Circuit had ruled 2-1 that the Michigan ballot measure violated the equal-protection clause of the U.S. Constitution’s 14th Amendment because it put unfair political burdens on issues of importance to racial minorities. I blogged on that ruling here.
The full 6th Circuit’s action on Sept. 9 vacates that decision, allowing the full court to take up the case.
Michigan Attorney General Bill Schuette had asked for the review by the full 6th Circuit court.
A version of this news article first appeared in The School Law Blog.