Michigan
How Fisher v. University of Texas applies in Michigan: state-specific rules, key cases, and bar exam notes for Constitutional Law.
In Michigan, the principles established in Fisher v. University of Texas regarding affirmative action in higher education admissions are evaluated through a strict scrutiny framework. The Michigan Constitution prohibits the consideration of race in public university admissions, which complicates the application of Fisher's principles in the state.
Under Article I, Section 26 of the Michigan Constitution, public colleges and universities are prohibited from discriminating on the basis of race in admissions decisions.
The court upheld the constitutionality of Proposal 2, which prohibits race-based affirmative action in public sector education.
The U.S. Supreme Court affirmed that Michigan's ban on affirmative action in state universities did not violate the Equal Protection Clause.
The court ruled that even if affirmative action is permissible under federal law, Michigan's constitutional prohibition must be followed.
Michigan's strict prohibition against race-based affirmative action differs from the federal standards applied under Fisher, which allows for careful consideration of race in achieving diversity in higher education. While Fisher establishes a framework for evaluating affirmative action that includes possible admissions considerations based on race, Michigan law limits these considerations significantly due to state constitutional constraints.
Fisher v. University of Texas and its implications for affirmative action are relevant for the Michigan bar exam, particularly in the context of state versus federal constitutional law.