November 16, 2012 -- Professor Eugene Volokh commented on a ruling by the United States Court of Appeals for the Sixth Circuit that Michigan’s voter-approved 2006 ban on affirmative action was unconstitutional. His comments appear in a New York Times article.
“I think this is very likely to go to the Supreme Court, because there’s a direct conflict between the circuits, it’s of great national importance and the 8-7 split on the Sixth Circuit is a signal that some ruling is needed,” said Eugene Volokh, a law professor at the University of California, Los Angeles, who helped draft the California ban. “The only thing that might get in the way is if the Fisher case decides that all race-based action in education is unconstitutional, which would make it not technically moot, but less important.”
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