Michigan and Affirmative Action: The Two Extremes

When President John F. Kennedy signed an executive order to establish affirmative action, many saw this as a step towards equality for all, abolishing race-based discrimination in America. However, this piece of legislation came into fiery debate when, in 2003, it was found that the University of Michigan favored the admissions of those in minority groups. Eventually, the practice was deemed unconstitutional by the Supreme Court of the United States (SCOTUS). Then, in 2006, when voters passed Proposal 2 (the Michigan Civil Rights Initiative [MCRI]), Michigan banned affirmative action in state universities (and all public institutions) based on race. It was appealed five years later by the United States Court of Appeals for the Sixth Circuit on grounds that the ban was unconstitutional, whereupon Michigan Attorney General Bill Schuette took the case that the appeal was unconstitutional to the Supreme Court.

This landmark case would be called Schuette v. BAMN, in which Schuette fought against the Coalition to Defend Affirmative Action, Integration & Immigrant Rights, and Fight for Equality By Any Means Necessary (By Any Means Necessary, or BAMN). In April of 2014, after nearly half a year of deliberation, SCOTUS ruled that states can ban affirmative action in education, not violating the Equal Protection Clause. There were six concurring and two dissenting opinions in the case.

The effects of this landmark decision became clear immediately after the ruling. But not because of the many changes enacted by the bill. Brookings, a nonprofit, nonpartisan organization reiterates that “the general view was that voter enacted affirmative action bans were constitutional” pre-Schuette v. BAMN. But, what it did cause, according to Brookings, was a resurgence of interest in debating affirmative action. Now, everyone was wondering whether or not their state or county would continue to use affirmative action to aid racial minorities, do nothing, or act in accordance with Michigan and ban it from public institutions. This court ruling may have only reaffirmed the choices states had about affirmative action, but it did help people realize that this issue was one they had to think about and deal with, no matter which side of the debate they were on.

But now, 10 years after this landmark decision, what is Schuette v. BAMN doing? It firstly provides us with arguments for and against affirmative action, with Justice Sotomayor and Ginsberg’s compelling dissenting opinions and Justice Breyer, Roberts, and Scalia’s concurring opinions that forwarded the charge to this case’s ruling. These are still able to be debated today as more modern thoughts on affirmative action appear. But Schuette v. BAMN also affirmed liberties for states. Michigan’s beliefs led Schuette to win a case leading to more freedom for states to decide what they’d like to do with the Fourteenth Amendment, instead of the national government controlling them. While many, like BAMN, argued for affirmative action to be instated by any means necessary, a decision for the federal government to control such a volatile and broad topic would detract from the liberties represented by the Declaration of Independence and Constitution, disallowing states individuality according to their population. Even though Schuette was a Republican Attorney General, his views were in line with the majority of the Michigan Population he represented in court. They voted for Proposal 2, and he would defend it for them.

As one of the most recent landmark civil rights cases taken to the Supreme Court, it may seem very far removed from the 19th and 20th-century cases that many look to as examples of the Civil Rights Movement in action. But the movement never died away, it merely adapted to the changing times. Affirmative action was enacted into law back when the Civil Rights Movement was still in its infancy, and now, in the 21st century, as the world changes, the legislature must change with it.

Works Cited

Condon, S. (2014, April 22). Supreme Court upholds Michigan affirmative action ban – CBS News. http://Www.cbsnews.com. https://www.cbsnews.com/news/supreme-court-upholds-michigan-affirmative-action-ban

Harvard Law Review. (2014, November 10). Schuette v. Coalition to Defend Affirmative Action, Integration and Immigrant Rights and Fight for Equality By Any Means Necessary (BAMN). Harvard Law Review. https://harvardlawreview.org/print/vol-128/schuette-v-coalition-to-defend-affirmative-action-integration-and-immigrant-rights-and-fight-for-equality-by-any-means-necessary-bamn/

Lempert, R. (2014, April 25). The Schuette Decision: The Supreme Court Rules on Affirmative Action. Brookings. https://www.brookings.edu/articles/the-schuette-decision-the-supreme-court-rules-on-affirmative-action/#:~:text=So%20the%20Court

Michigan House Republicans. (n.d.). About Bill G. Schuette | Michigan House Republicans. https://Gophouse.org. https://gophouse.org/member/RepBillGSchuette/about

Supreme Court of the United States. (n.d.). Schuette v. Coalition to Defend Affirmative Action, 572 U.S. 291 (2014). Justia Law. https://supreme.justia.com/cases/federal/us/572/291/

LUKE FANN

Editor-in-Chief at The City Voice | fann-l@students.grps.org

Editor-in-Chief Luke Fann is a junior at City and freelances for Rapid Growth Media's Voices of Youth program. He also attends Michigan State University's MIPA Summer Journalism Workshop, receiving the Sparty Award in Journalistic Storytelling and the Art of Storytelling. Additionally, he recieved an Award of Excellence in the Level Up: Leadership for Media program in 2025 and earned an honorable mention for his piece on AI and LLMs at the 2024 MIPA Spring Awards.

Luke began writing in 7th grade and became an editor by the following year. By his sophomore year, he was Managing Editor and then Editor-in-Chief. As for writing, he focuses on business and technology news, taking a deeper dive into topics rather than focusing solely on breaking news. He also covers personal interests, and his weekly editorials offer unique takes on timely issues.

If you're interested in writing for The City Voice, especially as a middle schooler or Underclassman, reach out to Luke or attend a meeting. Journalism is a great way to express your passions. No matter your background, The City Voice wants to hear your voice.