(Download) "Coalition To Defend Affirmative Action v. Granholm" by Tenth Circuit U.S. Court of Appeals " eBook PDF Kindle ePub Free
eBook details
- Title: Coalition To Defend Affirmative Action v. Granholm
- Author : Tenth Circuit U.S. Court of Appeals
- Release Date : January 29, 2006
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 88 KB
Description
On November 7, 2006, the people of Michigan approved a statewide ballot initiative-Proposal 2-which amended the Michigan Constitution to prohibit discrimination or preferential treatment based on race or gender in the operation of public employment, public education or public contracting in the State. Under the Michigan Constitution, the proposal was scheduled to go into effect on December 23, 2006. At stake today is whether the federal courts should permit this state initiative to go into effect or whether we should preliminarily enjoin it in part-in the part, that is, that applies to public universities and to all applicants to those universities. While the Michigan state courts remain free to suspend enforcement of Proposal 2 under state law for all manner of reasons, including those urged upon us here-uncertainty about the meaning of the law, uncertainty about the laws impact on current admissions policies and uncertainty about changing admissions policies in the middle of the current enrollment season-we are unable to identify any tenable basis under federal law for suspending the laws enforcement. The First and Fourteenth Amendments to the United States Constitution, to be sure, permit States to use racial and gender preferences under narrowly defined circumstances. But they do not mandate them, and accordingly they do not prohibit a State from eliminating them. In the absence of any likelihood of prevailing in invalidating this state initiative on federal grounds, we have no choice but to permit its enforcement in accordance with the state-law framework that gave it birth.