Brief of Committee of Law Professors and Constitutional Historians as Amicus Curiae in Support of Plaintiffs-Appellants, Coalition to Defend Affirmative Action, Integration & Immigrant Rights & Fight for Equal. by Any Means Necessary (BAMN) v. Regents of the Univ. of Mich., Nos. 08-1387, 08-1534 (6th Cir. Oct. 25, 2011).

Authors

• Michelle Adams, Cardoza Law School
• Richard Aynes, University of Akron School of LawFollow
• Wilson R. Huhn, The University of Akron Law SchoolFollow
• Michael A. Lawrence, Michigan State University College of Law
• Michael Perry, Emory University School of Law
• Richard Saphire, University of Dayton Law School
• Christopher Waldrep, San Francisco State University
• Rebecca Zietlow, University of Toledo College of Law

Document Type

Court Filing

Publication Date

2012

Abstract

The purpose of this brief is to place the dispute over affirmative action in Michigan’s public universities within a broader historical context. State constitutional amendments such as Proposal 2 are not uncommon in American history. In reaction to calls for reform from a minority group - whether it be the end of slavery, the enactment of non-discrimination laws, or the adoption of voluntary programs of racial integration - the majority has often responded by attempting to prevent the debate from occurring, by denying members of the minority group the opportunity to participate in the political process, or by making it impossible for the government to adopt the reform. State constitutional amendments like Proposal 2 are unconstitutional because they deny minority groups the equal right to achieve their goals through the normal political process.

Publication Title

United States Court of Appeals for the Sixth Circuit

Recommended Citation

Adams, Michelle; Aynes, Richard; Huhn, Wilson R.; Lawrence, Michael A.; Perry, Michael; Saphire, Richard; Waldrep, Christopher; and Zietlow, Rebecca, "Brief of Committee of Law Professors and Constitutional Historians as Amicus Curiae in Support of Plaintiffs-Appellants, Coalition to Defend Affirmative Action, Integration & Immigrant Rights & Fight for Equal. by Any Means Necessary (BAMN) v. Regents of the Univ. of Mich., Nos. 08-1387, 08-1534 (6th Cir. Oct. 25, 2011)." (2012). Con Law Center Amicus Briefs. 8.
https://ideaexchange.uakron.edu/conlawakronamicus/8