Supreme Court Weighs Mich.'s Affirmative Action Ban

Law360, New York (October 15, 2013, 7:35 PM EDT) -- The U.S. Supreme Court appeared inclined to hold that states can ban affirmative action policies as it weighed oral arguments Tuesday in the closely watched case over whether Michigan’s voter-approved ban on affirmative action in universities violated the U.S. Constitution’s equal protection clause.

The high court majority appeared to lean toward holding that Michigan’s Proposal 2, a voter referendum passed in 2006 that amended the state constitution to prohibit race- and sex-based discrimination or preferential treatment in public university admissions decisions, amounts to a legitimate prohibition...
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