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Supreme Court allows ban on affirmative action in Michigan

Wednesday, April 23, 2014

The U.S. Supreme Court on Tuesday refused to overturn a voter-approved ban on affirmative action in Michigan.

Voters passed Proposition 2 in 2006. It bans affirmative action in government hiring, government contracting and admission to public universities in the state.

The 6th Circuit Court of Appeals struck down the ban in November 2012. The Supreme Court agreed to hear Schuette v. Coalition to Defend Affirmative Action and, after months of deliberation, delivered a mix of opinions that underscored the divisive nature of the issue.

Justice Anthony Kennedy wrote the majority opinion and said the federal courts lack jurisdiction to set aside the will of voters who “exercised their privilege to enact laws as a basic exercise of their democratic power.” However, only Chief Justice John G. Robters and Justice Samuel A. Alito joined the opinion.

Justice Antonin Scalia wrote another opinion in which he agreed the ban should survive but for different reasons. Only Justice Clarence Thomas joined the opinion.

Finally, Justice Stephen Breyer wrote a third opinion in support of the ban on entirely different grounds as well. No one joined his opinion.

Despite the diverse views, the six votes were enough to overturn the 6th Circuit's decision. That left Justice Sonia Sotomayor and Justice Ruth Bader Ginsburg on the sidelines.

"As members of the judiciary tasked with intervening to carry out the guarantee of equal protection, we ought not sit back and wish away, rather than confront, the racial inequality that exists in our society," Sotomayor wrote in a lengthy dissent that was joined by Ginsburg. "It is this view that works harm, by perpetuating the facile notion that what makes race matter is acknowledging the simple truth that race does matter."

Justice Elena Kagan did not participate in the case because she was involved in it when she served as Solicitor General at the Department of Justice.

Members of federally recognized tribes who live in Michigan are eligible for the Michigan Indian Tuition Waiver. The state says the program hasn't been affected by Proposition 2.

"The Indian Tuition Waiver statute remains constitutional only to the extent that it is not based upon a student’s race or national origin, but upon the political interrelationship that exists with sovereign tribes," according to a FAQ from the state civil rights department.

Get the Story:
Supreme Court upholds Michigan’s ban on racial preferences in university admissions (The Washington Post 4/23)
Sotomayor accuses colleagues of trying to ‘wish away’ racial inequality (The Washington Post 4/23)
Court Backs Michigan on Affirmative Action (The New York Times 4/23)
Colleges Seek New Paths to Diversity After Court Ruling (The New York Times 4/23)
California bill reignites affirmative action fight (AP 4/23)

An Opinion:
Editorial: Racial Equality Loses at the Court (The New York Times 4/23)

Supreme Court Decision:
Scheutte v. Coalition to Defend Affirmative Action (April 22, 2014)

6th Circuit Decision:
Coalition to Defend Affirmative Action v. Regents of the University of Michigan (November 15, 2012)