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COALITION TO DEFEND AFFIRMATIVE ACTION v. GRANHOLM

Nos. 06-2640, 06-2642.

473 F.3d 237 (2006)

COALITION TO DEFEND AFFIRMATIVE ACTION, et al., Plaintiffs-Appellees, v. Jennifer GRANHOLM, et al., Defendants-Appellees, Michael Cox, Attorney General, Intervenor Defendant, Eric Russell, Intervenor-Appellant. Toward a Fair Michigan, Proposed Intervenor-Appellant. Eric Russell; Toward A Fair Michigan, Petitioners.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 29, 2006.

Attorney(s) appearing for the Case

George B. Washington, Scheff & Washington, Detroit, MI, for Plaintiffs-Appellees.

James E. Long, Asst. Atty. General, Office of the Attorney General Tort Defense Division, Lansing, MI, for Defendants-Appellees.

Center for Individual Rights, Washington, DC, Kerry L. Morgan, Pentiuk, Couvreue & Kobiljal, Wyandotte, MI, Michael E. Rosman, Kerry L. Morgan, for Proposed Intervenors-Appellants/Petitioners.

Before SUHRHEINRICH, BATCHELDER, and SUTTON, Circuit Judges.

OPINION

SUTTON, Circuit Judge.

On November 7, 2006, the people of Michigan approved a statewide ballot initiative — Proposal 2 — which amended the Michigan Constitution to prohibit discrimination or preferential treatment based on race or gender in the operation of public employment, public education or public contracting in the State. Under the Michigan Constitution, the proposal was scheduled to...

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