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.
U.S. Supreme Court
Law Professors Brief, Schuette v. Coalition to Defend Affirmative Action, No. 12-683 (Aug. 28, 2013)