July 1st, 2011
04:31 PM ET

Michigan ban on considering race in college admissions struck down

A divided federal appeals court has struck down Michigan's ban on consideration of race and gender in college admissions.

The issue is likely to renew the national political and legal debate over affirmative action, which the Supreme Court could be poised to resolve in coming months.

The 6th Circuit U.S. Court of Appeals on Friday concluded in a 2-1 ruling that the voter-approved ban on "preferential treatment" at state colleges and universities was unconstitutional, and "alters Michigan's political structure by impermissibly burdening racial minorities."

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Filed under: Civil Rights • Education • Michigan
soundoff (453 Responses)
  1. Mike

    Today, a federal appeals court upheld racism. There's no reason two people of equal value should be chosen strictly by who they were born to.

    July 1, 2011 at 5:08 pm | Report abuse |
    • Andrew

      Prime to be overturned by the S.Ct.

      July 1, 2011 at 5:14 pm | Report abuse |
    • Nah

      mike: "Today, a federal appeals court upheld racism. There's no reason two people of equal value should be chosen strictly by who they were born to."

      True. And the only time affirmative action is appropriate is as remedial legislation. That is, it's only appropriate to cure the direct effects of past racism and discrimination.

      However, like the Supreme Court noted, there must be "sunset clauses" in remedial legislation. Although racism caused African-Americans to start from a lower point (socially, educationally, etc.), once that racism is gone, or no longer significantly impacts social status, etc., affirmative action is improper.

      July 1, 2011 at 5:26 pm | Report abuse |
  2. Scott

    The voters spoke. Now its being overturned? Why vote in the first place? If a minority cant get into a good school in this day and age, its because of the grades, not because of the race/gender.

    July 1, 2011 at 5:09 pm | Report abuse |
    • KO

      This was not a referendum issue, it was struck down by a lower court, then appealed in a higher court.

      July 1, 2011 at 5:18 pm | Report abuse |
  3. White People are dumb

    You do realize that white women are considered minorities right?

    July 1, 2011 at 5:10 pm | Report abuse |
    • Andrew

      Actually, white women are usually disadvantaged at public, non-science based schools because a greater percentage of women go to college than men.

      July 1, 2011 at 5:13 pm | Report abuse |
    • Kat

      yes, but it's better to be a multiple minority!!! U get more $$$ from the govt.

      July 1, 2011 at 5:14 pm | Report abuse |
    • White People Rock

      Every group except straight white males is deemed to be a "disadvantaged" group.

      July 1, 2011 at 5:23 pm | Report abuse |
  4. Me

    As long as people post about how the whites are now under attack and they're superior to the other ethnicities, there is a need for Affirmative Action. As long as whites tell other Americans, who are of Hispanic descent to "go back to Mexico!" we need Affirmatibe Action. As long as there is a Tea Party, we need Affirmative Action.

    July 1, 2011 at 5:10 pm | Report abuse |
    • Barneyjake

      You really had me at "tea party". I totaly agree!

      July 1, 2011 at 5:16 pm | Report abuse |
    • L¹bÿåñ Îñt³l

      I'm black and I find affirmative action to be ridiculous, especially with Obama in the white house. Its basically the equivalent of saying, "Here's a handout, boy. We know you aren't good enough to make it on your own." AA is rascist and backwards.

      July 1, 2011 at 5:21 pm | Report abuse |
    • MH

      And as long as there are people who don't understand that "preferential treatment" to certain groups is a form of racism/prejudice, we will keep moving backwards.

      July 1, 2011 at 5:24 pm | Report abuse |
    • Zorn

      As long as US blacks have an average IQ of 85, affirmative action will be "needed."

      So AA will be with us for a few more tens of thousands of years. Have fun.

      July 1, 2011 at 5:25 pm | Report abuse |
  5. Conic

    This kind of thinking is everywhere. Check out this article today in the Montgomery Advertiser in Montgomery Alabama. "State Rep. Alvin Holmes, D-Montgomery, sent a letter to Gov. Robert Bentley on Thursday asking him to appoint a black female attorney as the state's next Chief Justice."

    Mr. Holmes wants her to be appointed simply because she is a black female. He claims he wants it done because he doesn't want Alabama to appear racist. How about she just gets appointed because she is the best qualified applicant??? Here's the link if you want to know more about this idiot that is MAKING our state look racist.

    You'll need to delete the extra space after the www .
    http://www .montgomeryadvertiser.com/article/20110701/NEWS02/107010330/Holmes-Black-female-should-get-chief-justice-appointment

    July 1, 2011 at 5:11 pm | Report abuse |
  6. David M

    "...impermissibly burdening racial minorities." Just how is it a burden? If you don't meet the adamemic requirements for a particular university, then you don't get accepted. The color of your skin or your gender should play no part in that. Maybe if our public school system was held to higher standards, we could produce students qualified for higher education. But of course, the teacher's union will never sign up for that. Accountability is not something they have a great deal of interest in.

    July 1, 2011 at 5:12 pm | Report abuse |
  7. Kat

    yes

    July 1, 2011 at 5:12 pm | Report abuse |
  8. Jim

    Our courts have lost touch with reality. They say they are fighting discrimination by discriminating. Unbelieveable. You just shake your head and hope for the return of common sense. Nothing should be done based upon race, that includes hiring, admissions to college, loans etc. etc..

    July 1, 2011 at 5:12 pm | Report abuse |
  9. Rammer

    why am i at a disadvantage because of my skin color?

    July 1, 2011 at 5:13 pm | Report abuse |
    • snowyowl

      Look up Jim Crow laws

      July 1, 2011 at 5:19 pm | Report abuse |
  10. j

    Funny that noone would say a word about an all black or mexican school but you try to set up a white school and just see what happens.

    July 1, 2011 at 5:14 pm | Report abuse |
    • White People are dumb

      Those don't exist. Ironically, white people were the ones who set up the first ALL black schools.

      July 1, 2011 at 5:15 pm | Report abuse |
  11. White People are dumb

    This is hilarious. White people are so silly.

    July 1, 2011 at 5:14 pm | Report abuse |
    • Kat

      so is jumping over brooms. Brooms are meant for sweeping. Silly!

      July 1, 2011 at 5:15 pm | Report abuse |
  12. foxvalleybiz

    Why ban discrimination or more appropriately reverse discrimination now? I'm just about ready to cash in myself. Have you heard the recent statistics that most babies born in the U.S. today are not caucasian? When my kids, who by the way are white, are of college age they will be in the minority. I fully expect them to get preferential treatment when applying for college.

    July 1, 2011 at 5:14 pm | Report abuse |
    • Kat

      yeah but it won't happen like that. You need to claim hispanic or african american. Govt can't ask to to PROVE it, its what you "consider" yourself.

      July 1, 2011 at 5:21 pm | Report abuse |
    • foxvalleybiz

      It was meant to be a little facetious, but you make an interesting point. I guess my kids might just wind up being Hispanic or African American when they enroll. I'm sure this is not allowed, but I will have to do my research when the time comes.

      July 1, 2011 at 5:27 pm | Report abuse |
    • Kat

      Way, way, way back, didn't we all originate from Africa, anyway? So we're al African Americans!

      July 1, 2011 at 5:30 pm | Report abuse |
    • foxvalleybiz

      I like the way you think. I better get busy tracing my heritage back to the plateau continent!

      July 1, 2011 at 5:43 pm | Report abuse |
    • Me

      You know, many Hispanics are legally considered white due to the connection to Spain.

      July 1, 2011 at 6:04 pm | Report abuse |
  13. Welcome to Reality

    Somehow my post was not submitted. But this decision is easily one of the worst decisions made by a federal court in the modern era. It is akin to justifying "separate but equal" in past (horrible) court decisions. Whites should not be refused a college education merely because they were born white. They did not choose the color of their skin. And in Michigan, where I grew up, I can tell you from first hand experience that whites and blacks are equally as likely to have a crappy environment (financially) prior to attending college. This voter approved decision will be upheld when it gets to the Supreme Court.

    July 1, 2011 at 5:14 pm | Report abuse |
    • Bruce

      "I can tell you from first hand experience that whites and blacks are equally as likely to have a crappy environment (financially) prior to attending college"

      Anecdotal evidence is anecdotal. Back that anecdote up with some hard statistics and I'll listen to you.

      But you can't, because the real statistics say something completely different.

      July 1, 2011 at 5:17 pm | Report abuse |
    • Kat

      Blacks need help. They are simply not as smart as others. If they don't get a free pass, it's back to the tobacco fields for them. Give them a break!

      July 1, 2011 at 5:22 pm | Report abuse |
  14. Lou

    I would like any liberal who supports affirmative action explain to me how Asians go to college and graduate at a higher rate than whites if the system is racist. I guarantee no one will answer.

    July 1, 2011 at 5:15 pm | Report abuse |
  15. Bob

    Whites are a minority on this planet - why don't we get affirmative action?

    July 1, 2011 at 5:16 pm | Report abuse |
    • White People are dumb

      Because this isn't a world govenment. Duh? White people are dumb.

      July 1, 2011 at 5:17 pm | Report abuse |
    • Bob

      If white people are "dumb," why can't you blacks get into college on your academics alone? Wouldn't that mean you're dumber?

      July 1, 2011 at 5:25 pm | Report abuse |
    • Charles

      White People Are Dumb – That could be because their affirmative action peers are bring down their intellects on campus.

      July 1, 2011 at 5:27 pm | Report abuse |
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