December 14, 2006

            LANSING - Attorney General Mike Cox today announced that he will go to court to defend Proposal 2.  Specifically, the Attorney General has filed a motion to intervene in both the original lawsuit against Proposal 2 brought by the group BAMN, and a cross claim brought by the University of Michigan, Michigan State University and Wayne State University that -- in reality -- seeks to delay the implementation of Proposal 2 for an undetermined period of time.

            In addition, Cox has agreed to provide separate legal counsel to Governor Granholm, by assigning the Governor an independent team of Assistant Attorneys General, and creating a conflict wall to maintain that independence.

            "My goal is to present a vigorous defense of the constitutionality of Proposal 2, as well as uphold the results of the election and the voice of Michigan's voters," Cox said.  "It's important to uphold the will of the people."

            "Proposal 2 is being challenged on two fronts.  One lawsuit is a frontal assault that directly challenges the constitutionality of the Proposal approved by the voters.  The other lawsuit by the Big Three universities would seek to delay the results of the election.  But, upon closer examination, the legal arguments put forward by the universities make broad claims that, frankly, undermine the notion that they are simply looking for temporary relief; in fact, the arguments put forward by the universities can be seen as an attempt to undo the Amendment itself," Cox said.

            "For example, in their legal pleadings, the universities begin with what is almost a patronizing statement that it is unlikely Proposal 2 would survive.  I quote:  'In light of the possibility that the Amendment may ultimately be upheld against all challenges ....'  That excerpt comes from the very first page of their brief," Cox said.

            "Then," Cox continued, "when turning to the likelihood of success on the merits of the injunction that they seek, the brief by the universities argues as follows:  'A long and unbroken line of United States Supreme Court cases has recognized that institutions of higher education enjoy academic freedom rights grounded in the First Amendment and that these rights include the selection of the student body.'  In short, they seek to preserve the status quo, with no change.  In fact, that is precisely what Proposal 2 seeks to address.  The people voted for change."

            "Because there is a substantial likelihood that the Governor may adopt a differing legal position, I have already taken steps to ensure that she receives separate legal counsel, by assigning an independent team of Assistant Attorneys General, and at the same time establishing a conflict wall between this team and the Assistant Attorneys General who will be advancing my position.  This is a procedure that has been utilized before, and one that has worked well for the interests of both sides," Cox noted.

            "In a democracy, elections provide the people with a voice.  We are duty bound to listen.  That is why I plan to mount a vigorous defense of Proposal 2," Cox concluded.

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