MICHIGAN VOTERS ADOPTED THE MICHIGAN CIVIL RIGHTS INITIATIVE BY A WIDE MARGIN ON THIS DAY IN 2006

Gail Heriot:

“…The Initiative was a clone of California’s Proposition 209. Like Proposition 209, it banned discrimination and preferential treatment based on race, color, sex, ethnicity or national origin in the operation of public employment, public education and public contracting.

Here’s the one of the most interesting aspects of it: In a party-line vote, the U.S. Court of Appeals for the Sixth Circuit, sitting en banc, held that such an initiative was unconstitutional. Michigan voters were not even allowed to require their state universities and agencies to refrain from discrimination intended to help minorities.

For an explanation of the arguments read The Parade of Horribles Lives: Schuette v. Coalition to Defend Affirmative Action, Integration, and Immigrant Rights and Fight for Equality by Any Means Necessary.

Yes, the Supreme Court eventually reversed (over the dissent of two Justices).

Those who wonder why voters who don’t like Trump voted for him anyway should cogitate for while on the Sixth Circuit’s party-line vote in this case. (Note that one judge who was technically appointed by Bush was really a Clinton holdover appointee and voted with the other Democratic appointees.)…”