Saturday, April 26, 2014

A Victory for Taxpayers and Equal Protection: Supreme Court Upholds Michigan’s Proposal 2

By Hans Bader on April 25, 2014

Taxpayers of all races pay more when government contracts are doled out based on race, rather than awarded to the lowest bidder. That’s one reason why it’s great news that the Supreme Court reversed a ridiculous lower court decision claiming that it violates the Constitution for voters to ban racial preferences in state government. In its 6-to-2 decision Tuesday in Schuette v. Coalition to Defend Affirmative Action (BAMN), the Supreme Court court overturned a contentious, 8-to-7 ruling by the Sixth Circuit Court of Appeals striking down a provision of the Michigan state constitution that rightly banned racial preferences in government contracts and employment, and in state college admissions.

That provision (Article I, §26) was added to the state constitution by a 2006 ballot initiative, known as Proposal 2 or the Michigan Civil Rights Initiative, which passed easily with 58 percent of the vote. The Supreme Court’s moderate and conservative justices, along with one of the court’s four liberals (Justice Stephen Breyer), voted to uphold that provision. Justice Sotomayor, who was appointed by President Obama, dissented, joined by liberal Justice Ruth Bader Ginsburg…..To Read More…. 
My Take – As an FYI the Sixth Circuit is located in Cincinnati, Ohio.  Based on the loony decisions coming out of this court you might mistake it for the 9th circuit court in California.

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