December 18, 2006

            Lansing - Attorney General Mike Cox announced today he expects a federal court to approve an agreement reached in a lawsuit challenging the constitutionality of Proposal 2 with respect to a cross claim brought by the University of Michigan, Michigan State University, and Wayne State University.  The agreement, as negotiated by the Attorney General, is narrowly drawn to delay the enforcement of Proposal 2 with respect to the universities' current admissions and financial aid cycles only, and will expire no later than July 1, 2007.  At that time the universities must comply with the new constitutional provision.  The agreement also requires the universities to dismiss their claim that Proposal 2 is unconstitutional under the First Amendment, and prohibits the universities from filing any new lawsuits on the same basis. 

            Cox declared victory.  "This is an historic agreement.  It upholds Proposal 2 and the will of the people.  In addition, the agreement is a reasonable compromise that serves the public interest by allowing the current admissions and financial aid cycles to be completed under existing policies, while confirming the constitutionality of Proposal 2 in light of the legal challenges launched against it by the universities," Cox said.  "This is an important legal victory for the people of Michigan and for Proposal 2."

            The universities had sought a declaration that Proposal 2 unconstitutionally infringed upon their right of academic freedom under the First Amendment, and sought to have a federal court delay implementation of the amendment with respect to the universities' current admissions and financial aid cycles.   The federal court previously permitted the Attorney General to intervene in the lawsuit to defend the constitutionality of Proposal 2. 

            The parties, including the Attorney General and the Big Three universities, expect the federal court to approve the agreement. 

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