6th Circuit Strikes Down Michigan Civil Rights Initiative

by Jonathan H. Adler

A divided panel of the U.S. Court of Appeals for the Sixth Circuit struck down the Michigan Civil Rights Initiative.  The panel held that the initiative, which bars all state entities from discriminating against or granting preferential treatment for anyone on account of their race or national origin, violates the Equal Proteciton Clause because the initiative affected an unconstitutional restructuring of the political process in a way that disadvantages minorities.

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