Michigan Preferentialists Try To Block Popular Vote

Two attorneys, Godfrey Dillard and Milton Henry, who defended the University of Michigan’s use of racial preferences have filed a lawsuit in Wayne County Circuit Court to halt the Michigan Civil Rights Initiative’s petition drive, which if successful would amend the state constitution to bar preferences based on race.

They argued that the measure attempts to circumvent the Supreme Court ruling, as state laws initiated in the 1960s did after integration was ordered following the historic Brown v. Board of Education ruling….

“This referendum is a direct attack on racial preferences, and racial preferences are not unconstitutional and do not per se violate the rights of whites,” Dillard said of the ballot proposal.

The Supreme Court held in Grutter that, subject to certain conditions, states may employ racial preferences to produce “diversity” in higher education, but it did not say they must do so. According to the arguments of those who are fearful of allowing citizens to vote on this question, however, the Supreme Court commands whatever it allows.

If this argument succeeds here, it will be interesting to see where it leads. Perhaps the NRA, which in the past has contented itself with arguing that citizens have a right to keep and bear arms, will in the future demand that all sane adult non-felons must be armed.

I can understand why the preferentialists don’t want racial preferences put to a popular vote, but I find their argument in favor of keeping the matter off the ballot utterly bizarre. So do advocates of the MCRI:

State Rep. Leon Drolet, R-Clinton Township, called the lawsuit “amazing.”

“This initiative, every word of it, is built around equal protection under the law. Their Orwellian doublespeak is laughable,” said Drolet, a key advocate of the petition drive.

Say What? (1)

  1. ELC January 27, 2004 at 11:46 am | | Reply

    I am somewhat surprised that the attorney actually used the phrase “racial preferences” rather than one of the standard euphemisms.

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