November 15, 2009

Legality of Racial-Preference Bans Is Disputed in Federal Court

Legality of Racial-Preference Bans Disputed in Federal Court 1

Bill Pugliano, Getty Images

Despite a protest against Michigan's Proposal 2 in 2006, voters approved the ban on affirmative-action preferences at public colleges and other agencies. Now a lawsuit filed by opponents of the ban has reached a federal appeals court.

By Peter Schmidt

In a legal battle with potential implications for any state that bans affirmative-action preferences, a federal appeals court is weighing arguments that the ban adopted by Michigan voters in 2006 is unconstitutional because it places distinct burdens on minority residents seeking more access to the state's public colleges.

A three-judge panel of the U.S. Court of Appeals for the Sixth Circuit is expected to hear oral arguments in the case this week. It involves two lawsuits by

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