News

U.S. Judge Lets Michigan Universities Use Affirmative Action, For Now

by Blair S. Walker , December 20, 2006

Michigan universities will continue race- and gender-based admissions, hiring and financial aid until July 1, 2007, instead of on Saturday, a federal judge ruled Tuesday.

The so-called Michigan Civil Rights Initiative, or Proposal 2, was approved by 58 percent of Michigan voters on Nov. 7 and was scheduled to become part of the state’s constitution Saturday.

But a lawsuit filed by the University of Michigan, Michigan State University and Wayne State University sought additional time to study Proposal 2 and implement it. A motion signed Tuesday by U.S. District Judge David Lawson delaying implementation means the full impact of Proposition 2 won’t be felt for an additional six months.

Lawson’s motion essentially means that student financial aid linked to affirmative action will continue to be doled out at the three schools until July 1. Also, affirmative action will continue to be used as a basis for admitting incoming underclassmen and graduate students, up to July 1.

The NAACP and the American Civil Liberties Union also entered the fray Tuesday, filing a separate lawsuit, arguing that the U.S. Supreme Court’s interpretation of the U.S. Constitution permits some university affirmative action, despite the state ban.

The half-year delay approved by Judge Lawson was crafted by Gov. Jennifer Granholm, state Attorney General Mike Cox and attorneys for the three universities.  

“Clearly, I’m sympathetic with the universities seeking a delay,” Granholm told The Associated Press on Tuesday. “The voters have spoken. We understand that. But we’re also extremely committed, as an administration, to diversity, and to fostering diversity.”

The motion approved by Judge Lawson, a member of the U.S. District Court in Detroit,  “ensures that the civil rights community is really at the table as this process to figure out exactly what the impact and reach of Proposition 2 will be plays out,” says Kary Moss, executive director of the Michigan ACLU.

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