“The federal appeals court decision striking down a statewide referendum banning affirmative action in Michigan universities likely represents the last gasp of a dying legal theory: That minority groups are entitled not just to equal protection under the laws, but special measures designed to correct past discrimination.
To conclude a law banning the state from considering race, sex or national origin in hiring public employees or granting admission to state schools was unconstitutional, the majority on the Sixth Circuit Court of Appeals in Cincinnati resorted to an extreme interpretation of two U.S. Supreme Court cases that themselves are showing signs of wear. The decision by the full 15-member panel drew strong dissents from judges who said the reasoning stood the Equal Protection Clause “on its head” and enshrined a new doctrine of judicially-imposed racial preferences.”
Note: I predict the Roberts Supreme Court will uphold affirmative action in Fischer vs. University of Texas. The GOP already practices affirmative action by promoting the likes of Bobby Jindal, Marco Rubio, Allen West, Susana Martinez, etc.