Michigan Affirmative Action Ruling - All MI Constititonal Amendments Should Be Tossed Based On The Twisted Logic Of The ACLU

 

From The State Of Michigan Constitution

§2
Equal protection; discrimination.
Sec. 2. No person shall be denied the equal protection of the laws; nor shall any person be denied the enjoyment of his civil or political rights or be discriminated against in the exercise thereof because of religion, race, color or national origin. The legislature shall implement this
section by appropriate legislation.
History: Const. 1963, Art. I, §2, Eff. Jan. 1, 1964.

From CBS News:

The 2-1 decision upends a sweeping law that forced the University of Michigan and other public schools to change admission policies. The 6th U.S. Circuit Court of Appeals said the law, approved by voters in 2006, violates the Equal Protection Clause of the 14th Amendment to the U.S. Constitution.

The court mostly was concerned about how the affirmative action ban was created. Because it was passed as an amendment to the state constitution, it can only be changed with another statewide vote. This places a big burden on minorities who object to it, judges R. Guy Cole Jr. and Martha Craig Daughtrey said.

The ban's supporters could have chosen "less onerous avenues to effect political change," the judges said in the court's opinion.

Can anyone tell me how this ruling makes any sense on its face?

If the ACLU and the two judges that agreed with them stand to reason then we can say that ALL amendments to the Michigan Constitution can't be overturned by a minority vote and thus the amendment process to the constitution should be considered a violation of the Equal Protection clause.

I have never seen a ruling that ignores the question of the CONSTITUTIONALITY of the face of the legislative text but instead throws it out on fantastical procedural reasons.

Michigan Demographics

The 2010 Census reported:

• White: 78.9% (Non-Hispanic Whites: 76.6%)
• Black or African American: 14.2%
• American Indian: 0.6%
• Asian: 2.4%

Since the vote was 58% in favor and 42% against the Affirmative Action ban a certain amount of White folks (and Asians) voted against the ban and some Blacks voted for it.  (Note: Gender consideration was also a factor but race was the prevalent drive for the amendment).

The ruling doesn't pass the smell test but....................................


Far More Black People In Michigan Are Shut Out Of College Due To Failing Public Schools And A Body Of Adults That Fail To Provide Sufficient Governance For The Community

The examples of how certain people like to argument over popular points of fissure with the ideological adversaries while missing the big picture.

With the number of minority students that matriculate through the school districts of:

• Flint Community Schools - 10,600 students
• Detroit  - 138,000 Students (Of which 54,000 are charter school students)
• Benton Harbor - 2271 students

............their experiences in these places do far more to keep the average student out of college than does the Affirmative Action ban.


2006 - Panel Discusses Impact Of Prop 2 On University Of Michigan

From the article:

Many minority students at the event agreed that after the passage of Proposal 2, they have felt like they have had to prove their academic potential to their peers and professors.
Students also expressed surprise by the levels of admission and matriculation rates for underrepresented minority students at the University.
Business senior Julia Hawley said in an interview after the event that she felt low matriculation rates for minority students were cause for concern.
“I think that one of the most important discussions today was not only the admissions, but also the matriculation rates,” Hawley said. “I think that this is something that not only the administration needs to work on, but the student body needs to be aware of as well.”