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SCOTUS to review Michigan’s affirmative action ban

The Supreme Court will expand its review of affirmative action in higher education, announcing Monday that it will hear Michigan's challenge to a lower court decision that a ban on the policy is unconstitutional.

In November, the Sixth Circuit Court of Appeals struck down Proposal 2, a voter-approved ban on affirmative action policies in Michigan universities, ruling that it violates the Equal Protection clause of the 14th Amendment.

Proposal 2, which was passed in November 2006 by a margin of 58-42 percent, was pushed by Jennifer Gratz, the head of the American Civil Rights Institute. Gratz lost her own affirmative action case against the University of Michigan in 2003, in a landmark Supreme Court ruling.

“The Michigan Civil Rights Initiative was backed by 58% of the Michigan electorate and simply states that public institutions cannot grant preferential treatment to any group or individual on the basis of race.  The Sixth Circuit Court of Appeals overturned the will of the people last November," Gratz said in a statement on the Supreme Court's decision Monday. "The Court erred when it declared equality unconstitutional.  We believe the US Supreme Court is poised to overturn the Sixth Circuit’s decision.”

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