September 5
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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