LANSING, MI - Michigan's ban against affirmative action in public university admissions will remain in place while the state awaits whether the Supreme Court will take its appeal.
The 6th U.S. Circuit Court of Appeals earlier this month struck down the 2006 voter-approved constitutional amendment known as the Michigan Civil Rights Initiative, or Proposal 2, which banned the use of race, gender or ethnicity in college admissions.
But on Friday the court granted Attorney General Bill Schuette's request to stay its ruling until the Supreme Court disposes of the case. The Republican on Thursday filed his appeal to the high court.
The appeals court in Cincinnati said having supporters and opponents debate affirmative action through the governing boards of each public university would be much fairer than cementing a ban in the constitution, which it referred to as home of "the highest level" of public policy.
The decision is limited to states in the 6th Circuit, which includes Kentucky, Ohio and Tennessee. But it also raises the odds that the Supreme Court may get involved.
A very similar law in California was upheld by a San Francisco-based appeals court, and the Supreme Court could choose to resolve the conflicting decisions of the 9th Circuit and the 6th Circuit on voter-approved bans.
The University of Michigan's admissions policies were the basis of a landmark 2003 Supreme Court ruling that prohibited quotas for certain racial groups at universities but allowed applicants' race to be a factor.
The Associated Press contributed to this report.