The U.S. 6th Circuit Court of Appeals ruled late last week that the 2006 ballot proposal banning affirmative action for university admissions is unconstitutional. The 2-1 decision stated that the ban violates the equal protection clause of the 14th Amendment to the U.S. Constitution and reverses a decision upholding the amendment by a U.S. District Court in Detroit.
The decision in Coalition to Defend Affirmative Action v. University of Michigan effectively reversed the 2006 ballot proposal that Michigan voters approved with a 58 percent majority. Michigan Attorney General Bill Schuette indicated that he will appeal the decision to the full U.S. Court of Appeals.
The two Judges issuing the majority opinion were former Clinton appointees Judge R. Guy Cole, Jr. and Senior Judge Martha Craig Daughtrey. Judge Julia Smith Gibbons issued the dissenting opinion. Judge Gibbons was appointed by George W. Bush.
