Post Election
Although the people of the state of Michigan banned all preferential programs based on race, nationality or gender by a significant majority, several groups have challenged the rule of this binding constitutional legislation.
On November 8, 2006, BAMN called a press conference announcing that they had launched a second lawsuit against Proposal 2 in conjunction with United for Equality and Affirmative Action and Rainbow/PUSH Coalition, claiming that it violates both the Equal Protection clause of the Fourteenth Amendment and the First Amendment as affirmed by the Supreme Court decision, Grutter v. Bollinger.
That same day, about 2,000 students gathered on the diag at the University of Michigan where University President Mary Sue Coleman gave a speech in which she promised U-M would go to court to defend its efforts to promote diversity, even though the people of Michigan had voted against affirmative action. Two weeks later, on November 21, Grand Rapids Mayor George Heartwell said he was considering having the city file a federal lawsuit to overturn Proposal 2.
On December 19, U.S. District Court Judge David Lawson ruled that the state's three largest public universities—the University of Michigan, Michigan State University, and Wayne State University--could delay implementation of Proposal until July 1, 2007. The universities had filed a lawsuit seeking the delay, charging fairness in admissions, in response to BAMN's lawsuit in which all three universities were named as defendants. The Center for Individual Rights has asked the U.S. Sixth Circuit Court of Appeals to overturn Judge Lawson's ruling and force the universities to adhere to the ban on affirmative action immediately.
On December 29, a 3-judge panel of the 6th US Circuit Court of Appeals lifted Judge Lawson's injunction granting the 3 universities the July 1 implementation delay and ordered them to implement Proposal 2 immediately.
The city of Lansing has also filed a lawsuit to delay implementation of Prop 2 until July 2007. In Detroit, Matt Allen, a spokesman for Mayor Kwame Kilpatrick said the city illegally "will continue doing business as it has been" in spite of the state-wide ban on affirmative action.
Another lawsuit has been filed in federal court by the NAACP and the ACLU to block the ban on affirmative action.
On January 4, 2007, the Center for Individual Rights filed a lawsuit in Washtenaw Circuit Court, asking a judge to order the University of Michigan to immediately comply with Proposal 2, and abandon their affirmative action programs. The case was resolved on January 29 when Eric Russell, whom the Center for Individual Rights was representing voluntarily withdrew the lawsuit.
Jan. 9-10: BAMN held a press conference at Cass Tech High School in Detroit announcing that their appeal of the Federal Appeals Court decision overturning the delay of the ban on affirmative action. The next day, after placing holds on admissions, the University of Michigan announced that they will comply with the ban on affirmative action. Hours later, Supreme Court Justice John Paul Stevens responded to BAMN's appeal of the 6th U.S. Circuit Court of Appeals decision overturning the delay of Proposal 2's implementation and ordered all briefs due by January 17. U-M, Wayne State, MSU, and Michigan Governor Jennifer Granholm all filed briefs in support. Michigan Attorney General Mike Cox urged Stevens to deny the injunction. On January 19, the Supreme Court denied BAMN's appeal without comment.
On Thursday, February 15, BAMN submitted 2,000 petitions to the Board of Regents of the University of Michigan demanding that there be no drop in minority enrollment. The following Tuesday, on February 20, the Michigan Student Assembly, the elected student government of U-M passed a resolution demanding that there be no drop in underrepresented minority student enrollment.
On Friday, July 1, 2011, the Federal Sixth Circuit Court of Appeals held the amendment unconstitutional on the grounds that it “reorders the political process in Michigan to place special burdens on minority interests,” and thus violates the 14th Amendment.
On Thursday, November 3, 2011, the Equal Justice Society and more than a dozen other organizations announced that they had filed an amicus brief in the U.S. Court of Appeals for the Sixth Circuit, urging the court to strike down Michigan’s Proposal 2 as unconstitutional. The brief authors argue that Proposal 2 violates the Equal Protection Clause of the 14th Amendment of the Constitution by creating procedural barriers for people of color.
On Thursday, July 28, 2011, Attorney Bill Schuette announced an appeal to have the case re-heard "en banc". This means all active judges will hear the case instead of a panel of three judges.
On 16 November 2012, the Sixth Circuit Court of Appeals sitting en banc upheld the earlier ruling that the Initiative is unconstitutional. Supporters announced their intention to appeal to the Supreme Court.
Read more about this topic: Michigan Civil Rights Initiative
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