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Justices consider Michigan affirmative action ban

October 15, 2013 • Business


FILE – In this Nov. 2, 2010, file photo then-Michigan Attorney General-elect Bill Schuette speaks in Detroit. After the Supreme Court ruled a decade ago that race could be a factor in college admissions in a Michigan case, affirmative action opponents persuaded the state’s voters to outlaw any consideration of race. Now, the high court is weighing whether that change to Michigan’s constitution is itself discriminatory. ( AP Photo/Carlos Osorio, File)

WASHINGTON (AP) — Affirmative action opponents persuaded Michigan voters to outlaw any consideration of race after the Supreme Court ruled a decade ago that race could be a factor in college admissions.

That state’s constitutional amendment is now being examined by the high court to determine whether the change the voters sought is in fact discriminatory.

It is a proposition that even the lawyer for civil rights groups in favor of affirmative action acknowledges is a tough sell, at first glance.

“How can a provision that is designed to end discrimination in fact discriminate?” said Mark Rosenbaum of the American Civil Liberties Union. Yet that is the difficult argument Rosenbaum will make on Tuesday to a court that has grown more skeptical about taking race into account in education since its Michigan decision in 2003.

A victory for Rosenbaum’s side Login to read more

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