The Detroit Free Press took its time in getting this editorial on the issue together: A mistaken ruling on affirmative action: State law is bad policy, but not unconstitutional
Like many who believe that the thoughtful application of affirmative action policies has advanced the educational interests of all students, we were dismayed when, in the 2006 general election, Michiganders voted to ban the consideration of race and gender in college admissions.The equal protection clause is supposed to install color-blindness into the law such that burdens and benefits aren't handed out on the basis of race, sex, national origin, ethnicity, etc. Affirmative action by its very existence does the opposite of that and is therefore patently unconstitutional in view of the 14th. Just so you know how utterly backwards judicial activists wee things.
But it is quite a leap from our conviction that banning affirmative action was bad policy to the contention that such a ban is unconstitutional.
And we are not persuaded that Michigan voters violated the equal protection rights of minorities when they adopted Proposal 2.
The U.S. Court of Appeals for the 6th Circuit said otherwise last week, ruling that Michigan's 2006 ban on affirmative action "unconstitutionally alters Michigan's political structure by impermissibly burdening racial minorities."Why is it a burden on minorities (read: blacks) to not be favored versus other skin pigmentations? Are whites burdened because they are no longer favored? Oh right - that was racism. If minorities are advantaged by consideration of skin color, that somehow doesn't count.
The 2-1 decision reversed an earlier ruling in which U.S. District Judge David Lawson upheld the constitutionality of Proposal 2, which prohibited universities and other public institutions from giving "preferential treatment to any individual or group on the basis of race, sex, color, ethnicity or national origin."So that gets me to the question for the freep editorial board: why is it bad policy to ban "preferential treatment to any individual or group on the basis of race, sex, color, ethnicity or national origin"?
...Michigan voters have clearly signaled their belief that affirmative action's time is up. We still think that's bad policy.