Court Backs Affirmative Action Ban In Michigan

LANSING, Mich., Dec. 29 -- A federal appeals court ruled Friday that three Michigan universities should not have been given a six-month extension to comply with parts of a new state law banning some public affirmative action programs.

Michigan voters in November approved Proposal 2, which bans the use of race and gender preferences in university admissions and in government hiring and contracting.

The measure took effect Dec. 23, but U.S. District Judge David M. Lawson earlier this month provided an exception for admissions and financial aid decisions for incoming classes at the University of Michigan, Michigan State University and Wayne State University.

A three-judge panel of the Cincinnati-based U.S. Court of Appeals for the 6th Circuit said federal law does not warrant providing an exception. Although Lawson allowed the schools until July 1 to comply with Proposal 2, the appellate ruling means they will be expected to comply immediately.

The universities asked for the extension because they had already begun the admissions cycles for those students before voters approved the proposal. Lawyers for Gov. Jennifer M. Granholm (D) and Attorney General Mike Cox (R) signed off on the extension.

Kelly Cunningham, a spokeswoman for the University of Michigan, said Friday night that the school is reviewing the ruling.

A pro-affirmative-action group called By Any Means Necessary is considering appeals, lawyer George Washington said.

But Eric Russell, a University of Michigan Law School applicant who is represented by a backer of the measure, the Center for Individual Rights, called the ruling "a victory for all the people in Michigan who voted 'yes' on Proposal 2."