The Supreme Court Will Hear Arguments On Michigan Affirmative Action Ban

The Supreme Court agreed Monday to hear a Michigan appeal dealing with affirmative action in university admissions.

58 percent of Michigan voters approved a ban on race-conscious admission decisions in 2006, deeming it unconstitutional. The ban was later overturned by the U.S. Court of Appeals for the 6th Circuit in 2012. The State of Michigan has appealed the decision, and the Supreme Court will hear arguments in the term beginning in October.

The case will be heard by only eight justices, as Justice Elena Kagan has recused herself.

The Michigan ban on affirmative action in universities admissions was overturned by the Court of Appeals because the majority of justices felt it placed unreasonable political burdens on minorities opposed to the ban. If that were the case, they argued, it would violate prior rulings meant to protect minority participation in the political process.

The Court earlier in the current term heard another affirmative action case based in Texas. That case contends that the University of Texas’ limited use of race as a factor in admissions is sanctioned by the Supreme Court’s recognition of a university’s interest in cultivating diverse student bodies. That case involved a white student who argued that she was denied enrollment in the freshman class at UT while less-qualified minority students were admitted under the affirmative action policy. The Court has not yet issued a ruling in that case.