The Sixth Circuit is currently rehearing en banc the constitutionality of Michigan’s Proposal 2, which prohibits Michigan’s public colleges and universities from granting “preferential treatment to . . . any individual or group on the basis of race, sex, color, ethnicity, or national origin.” Back in July of 2011, a divided panel of the Sixth Circuit ruled that Proposal 2 violates the equal protection clause. The panel’s July 1, 2011 decision sparked national commentary on affirmative action, and by September 9, 2011, the Sixth Circuit had voted to rehear en banc the panel decision.
This is one of the highest profile cases that the Sixth Circuit will hear in 2012, and it is one of a handful of cases that the Court will hear en banc. The Sixth Circuit is permitting extended oral argument in this appeal, and we’ll continue to provide you updates.