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Defend proposal

On 21 March 2008, Defend proposal David M.

Lawson of the United States District Court for the Eastern District of Michigan dismissed a case filed by plaintiffs challenging the constitutionality of Proposal 2. The United States Court of Appeals for the Sixth Circuit overturned MCRI on July 1, 2011. Martha Craig Daughtrey said that «Proposal 2 reorders the political process in Michigan to place special burdens on minority interests. Bill Schuette, Attorney Defend proposal for the State of Michigan announced his appeal of the Sixth Circuit’s decision on July 28, 2011.

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The MCRI stood in effect until this appeal was complete. On November 16, 2012, the Sixth Circuit Court of Appeals, sitting en banc, upheld the earlier ruling that the MCRI was unconstitutional. Schuette then announced his intention to appeal to the Supreme Court. The state shall not discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting.

For the purposes of this section «state» includes, but is not necessarily limited to, the state itself, any city, county, any public college, university, or community college, school district, or other political subdivision or governmental instrumentality of or within the State of Michigan not included in sub-section 1. This section does not prohibit action that must be taken to establish or maintain eligibility for any federal program, if ineligibility would result in a loss of federal funds to the state. Nothing in this section shall be interpreted as prohibiting bona fide qualifications based on sex that are reasonably necessary to the normal operation of public employment, public education, or public contracting. The remedies available for violations of this section shall be the same, regardless of the injured party’s race, sex, color, ethnicity, or national origin, as are otherwise available for violations of Michigan anti-discrimination law. If any part or parts of this section are found to be in conflict with the United States Constitution or federal law, the section shall be implemented to the maximum extent that the United States Constitution and federal law permit.

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