Swing State

Politics and Humor…but I repeat myself

A victory for the will of the people.

Check out another post on this topic over at RedState.

This article is from the Free Press

U.S. panel rejects a delay for Prop 2

Affirmative action ban is upheld

BY NAOMI R. PATTON

FREE PRESS STAFF WRITER

A federal appeals court on Friday turned back a decision to let Michigan universities delay implementation of an affirmative action ban on their admissions policies.

In its order, a three-member panel of the U.S. 6th Circuit Court of Appeals in Cincinnati said it could find no “tenable basis under federal law for suspending the law’s enforcement.”

On Dec. 19, U.S. District Judge David Lawson in Detroit allowed an agreement between the governor, the attorney general and the universities that provided for the schools to continue their current admissions practices until July 1.

The University of Michigan, Michigan State and Wayne State universities argued that the ban’s Dec. 22 effective date would hurt applicants for next year’s entering classes who applied under a different set of rules.

The district court decision was appealed to the 6th Circuit by Eric Russell, a current applicant to the University of Michigan law school. In granting a stay of the district court decision, the appellate court said any decision on the ban should come through state courts, not the federal bench.

George Washington, an attorney for By Any Means Necessary, or BAMN, a pro-affirmative action group that fought the ban, said the ruling shocked him. He called it an “arrogant opinion” by “right-wing judges trying to shut off public debate.”

Washington said he plans to appeal the decision.

But Alan Foutz, an attorney with the Pacific Legal Foundation representing Michigan Civil Rights Intiative — the group that pushed the successful ballot proposal — said he and his clients were “very pleased and happy that the will of the Michigan voters will be reinstated.”

The ballot initiative, known as Proposal 2, bans public universities and governments in the state from using race and gender in admissions and hiring decisions.

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December 30, 2006 - Posted by | Uncategorized

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