Supreme Court declines to hear Michigan affirmative action delay bid

Supreme Court declines to hear Michigan affirmative action delay bid

[JURIST] The US Supreme Court [official website; JURIST news archive] Friday declined to consider whether the University of Michigan, Michigan State University and Wayne State University can delay implementing Proposal 2 [text; JURIST news archive], an amendment to the Michigan Constitution [text, PDF] banning affirmative action [JURIST archive] in public employment, public education and state contracting. In December, a federal judge ruled that the universities could delay implementing the proposal [JURIST report] until the universities have completed the 2006-2007 admission cycle under current procedures, but that order was later stayed [opinion, PDF] by the US Sixth Circuit Court of Appeals. The Detroit Free Press has more.

In November of last year, Michigan voters approved [JURIST report] the constitutional amendment and it was initially expected to take effect in late-December. A coalition of civil rights groups, including the American Civil Liberties Union (ACLU) and the Detroit NAACP [advocacy websites] have filed a lawsuit [complaint, PDF; ACLU press release] in federal court challenging the constitutionality of Proposal 2 based on the US Supreme Court's 2003 ruling that the federal constitution permits the University of Michigan to consider race as a factor in the admissions process [JURIST symposium].