U.S. Supreme Court agrees to Consider Michigan Affirmative Action Case

The Supreme Court agreed on Monday to consider a Michigan law that bans affirmative action in public college admissions. 

The consideration of race in the admissions process, aimed at correcting past racial discrimination, is deeply unpopular in conservative circles. 

In November, a sharply divided 6th U.S. Circuit Court of Appeals in Cincinnati found that the 2006 state constitutional amendment banning the practice, approved by voters in Michigan, imposed burdens on racial minorities in violation of the Constitution's guarantee of equal protection. The state challenged the ruling in the Supreme Court.

The Michigan law bans preferential treatment toward any candidates in public university admissions. 

The high court is simultaneously considering a case on whether colleges and universities can continue to give special preference to minority candidates in admissions policies, in a case involving the University of Texas. A ruling in that case, Fisher v. University of Texas, is expected imminently and will come no later than the end of June.

That the court agreed to hear the Michigan case before deciding the Texas case is unusual. The court's normal practice is to wait until it has issued a ruling before agreeing to hear another case on a related issue. This may mean that the court is struggling to decide the Texas case, or that the ruling could be coming as soon as this week.

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