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Copyright (c) 2013 Brigham Young University Education and Law Journal
Brigham Young University Education and Law Journal

ARTICLE: BAMN! THE SIXTH CIRCUIT STRIKES DOWN MICHIGAN'S PROPOSAL 2

2013

Brigham Young University Education and Law Journal

2013 BYU Educ. & L. J. 253

Author

J. Kevin Jenkins, Ed.D.* and Pamela Larde, Ph.D. +

Excerpt



I. Introduction
 
For at least the last two decades, the University of Michigan has had a formal policy of promoting racial and ethnic diversity among its student body. 1 To achieve this diversity, various units of the university give some degree of preference in the admissions process to persons from selected racial and ethnic groups. Members of non-preferred groups, along with some members of the preferred groups, have objected to the policies, and legal and political battles have ensued. These battles continue to this day, and the United States Supreme Court has granted certiorari to a case on this issue for the October 2013 term. 2

Some issues related to consideration of race in admissions at the University of Michigan have already been ruled on substantively by the Supreme Court in Gratz v. Bollinger 3 and Grutter v. Bollinger 4 in 2003. In Gratz, the Court ruled that the University of Michigan undergraduate college's admissions program amounted to a quota, 5 and thus was unconstitutional. 6 But on the same day, the Court upheld the constitutionality of the policy implemented by the University of Michigan Law School in the Grutter case, 7 the first case in which a majority of the Court approved the use of non-remedial consideration of race in the context of admissions decisions. Following the Grutter decision, the people of Michigan amended their Constitution through a ballot initiative (Proposal 2) that prohibited the use of racial preferences by government agencies, explicitly including public universities of ...
 
 
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