An Appeals Court Just Destroyed Michigan's Ban On Affirmative Action

Affirmative ActionA protester outside the Supreme Court.

Photo: Kevin Russell, SCOTUSblog

In yet another development in America’s ongoing affirmative action saga, the Sixth Circuit Court of Appeals shot down Michigan’s ban on affirmative action.The 2006 voter-approved ban amended the state’s constitution to bar race consideration in college admissions and government hiring, The Associated Press reported Thursday.

But the appeals court said the ban was illegal because it places an undue burden on anyone fighting to protect affirmative action.

Affirmative action has become such a hot topic in America it’s made its way to the Supreme Court, which heard arguments last month in a challenge to the University of Texas at Austin’s affirmative action policy.

The high court upheld affirmative action in 2003 but at least two current justices, Anthony Kennedy and Samuel Alito, oppose the policy.

Right before the high court heard UT’s case, Carter Phillips, a prominent SCOTUS lawyer, predicted affirmative action wouldn’t fare well in front of the justices.

“I think the majority will say that adding race as an explicit factor over and above the significant diversity gains acquired under the 10 per cent plan cannot be justified under the compelling state interest test,” Phillips told Business Insider.

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