Supreme Court adds Michigan's Higher Education Case to it's Affirmative Action Review

The Supreme Court announced Monday it would include a Michigan law that would bar public universities from considering race as an admissions factor in its review of affirmative action in higher education. 

The high court is already considering whether the University of Texas violated the constitutional guarantee of equal protection with its affirmative action program. In that case, the justices are considering a challenge to the university’s program, which factors in race to fill open spots in its freshman class. The Texas case has been argued before the justices but not yet decided.

The dispute over affirmative action in Michigan has its roots in the 2003 Supreme Court decision that upheld the use of race as a factor in university admissions. That case concerned the University of Michigan law school. 

In response to the court's 5-4 decision in that case, affirmative action opponents worked to put a ballot measure in front of voters to amend the state constitution to outlaw preferential treatment on the basis of race and other factors in education, as well as government hiring and contracting. In November 2006, 58 percent of Michigan voters approved the measure.

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