Michigan Attorney General Bill Schuette says affirmative action is unconstitutional and should remain illegal as a condition to admitting students to public universities. The ban was approved by Michigan voters in 2006.
A three-judge panel of the Sixth Circuit U-S Court of Appeals disagreed earlier this month, ruling that the the ban on affirmative action is unconstitutional.
"And it was a nutty decision that in essence said it is racially discriminatory to prohibit racial discrimination," Schuette says.
"America is about a single premise, and that is it's about opportunity for anybody and every one," he says. "And we need to make sure when you're on the educational doorstep, entering one of our marvelous universities, that decision of admission needs to be done by merit, talent and ability."
Schuette has asked another panel of judges to overturn the Court of Appeals decision. Representatives of the American Civil Liberties Union say they hope the courts deny the attorney general's request.