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Friday, November 16, 2012

michigandaily com

Court strikes down
affirmative action ban
6th Circuit: Prop 2 Case could head
unconstitutional to Supreme Court

WELCOME TO THE 60s

By RAYZA GOLDSMITH
Daily News Editor
The U.S. 6th Circuit Court of
Appeals ruled en banc Thursday
that Michigan's voter-approved
ban on affirmative action was
unconstitutional.
The court issued an 8-7 deci-
sion to overturn a state ballot
initiative - commonly known
as Proposal 2, which was voted
into law in 2006 - that banned
the use of "preferential treat-
ment" in state decisions regard-
ing university admissions or
employment on the basis of race,
sex, color, ethnicity or national
origin.
The ruling was made by all
15 judges on the 6th Circuit
Court of Appeals, at the request
of Michigan Attorney General
Bill Schuette, a defendant in the

case. A three-judge panel of the
6th Circuit Court of Appeals
made an initial ruling against
Proposal 2 in July 2011.
The majority ruled that the
ban on the basis of race is a
violation of the Equal Protec-
tion Clause of the 14th Amend-
ment to the U.S. Constitution
and therefore unconstitutional.
The decision overturns a previ-
ous decision made by the U.S.
District Court for the Eastern
District of Michigan at Detroit,
which ruled Proposal 2 to be
constitutional.
The majority opinion was
based on two primary argu-
ments, rested on the argument
that admissions decisions can be
considered a part of the politi-
cal process. Judge R. Guy Cole
Jr. wrote for the majority, argu-
See 6TH CIRCUIT, Page 3

By RAYZA GOLDSMITH
Daily News Editor
Though affirmative action
became legal again in Michi-
gan on Thursday, the change
may be short-lived, according
to University experts.
The U.S. 6th Circuit Court
of Appeals in Cincinnati, Ohio
effectively changed Michigan
law on Thursday by lifting
the ban on affirmative action,
overturning the decision of
the U.S. District Court for the
Eastern District of Michigan
at Detroit in the case of Coali-
tion to Defend Affirmative
Action v. Regents of the Uni-
versity of Michigan.
In April, the U.S. 9th Circuit
Court of Appeals in San Fran-
cisco, Calif. upheld a ban on
affirmative action in Califor-

nia instated by the state's vot-
ers, ruling in opposition to the
6th Circuit. The discrepancy,
according to some, makes it
a near certainty that the U.S.
Supreme Court will take up
the issue of ballot initiatives
banning affirmative action in
state constitutions.
Residential College Prof.
Carl Cohen, a leading propo-
nent of Michigan's Proposal 2,
said the Supreme Court often
intervenes when two circuit
courts issue opposite rulings
on the same issue.
"They almost have to (take
up the case)," Cohen said.
"They're almost obliged to do
so because of the conflicting
decisions in the 6th Circuit
Court of Appeals and the 9th
Circuit Court of Appeals in
See SUPREME COURT, Page 3

MUSK ET's production of 'Hairspray' relies on costume design to evoke the
1960s experience, establish character and reflect how the story evolves.
Because of their budget and time constraints; the designers bought and rented
costume pieces, but added their own embellishments. For more see page 5.

M CAMPUS RENOVATIONS
Regents approve upgrades
to Earl V. Moore building

Michigan Stadium
also to get $6
million paint job
By PETER SHAHIN
Daily StaffReporter
The University's Board of
Regents unanimously approved
a host of renovations across cam-
pus, from minor facelift projects
to sweeping overhauls of iconic
structures, at its monthly meet-
ing on Thursday
The largest agenda item
approved by the regents is a
comprehensive $23.2-million
renovation of the Earl V. Moore
building on North Campus. Orig-

inally constructed in 1964 and
the home of the School of Music,
Theater & Dance, the Moore
building has become dilapidated
and inhibits the performance
of students and faculty. At the
University's annual leadership
breakfast on Oct. 30, University
President Mary Sue Coleman
announced the building would
be upgraded in part with a dona-
tion from alumni Bill and Dee
Brehm.
"I know the faculty from
Music, Theatre & Dance will
agree when I say this project is
overdue," Coleman said at the
leadership breakfast.
In a communication with the
regents filed before the meeting,
Timothy Slottow, the Univer-

sity's executive vice president
and chief financial officer, wrote
the building's 21,000 square foot
expansion and renovation will
include a large new rehearsal
hall, lecture hall and music prac-
tice rooms.
Out of the overall $23.2-mil-
lion cost to renovate the struc-
ture, the University will provide
$14 million augmented with $8
million from the Brehm family.
The University will also seek an
additional $1 million fromsmaller
donors and alumni of the School
of Music, Theater & Dance.
"Our School of Music, Theater
& Dance competes for and attracts
the most talented students in the
country," University Provost Phil-
See MOORE, Page 3

RUBY WALAU AND TERESA MA
Top: A protester lights a candle on the Diag as part of a vigil honoring the victims of the conflict in Gaza. Bottoi
freshman Matt Huang spray paints at Israeli for Art on the Diag on Thursday.
Gaza offensive sparks

UNIVERSITY ADMINISTRATION
Board officially names Lynch as
next University general counsel

demonstrations

Students split over
conflict between
Israel, Hamas
By ALICIA ADAMCZYK
DailyStaffReporter
In light of the escalating
conflict in the Middle East this
week, two student groups held

events on the Diag to promote
peace and raise awareness about
the Israeli-Palestinian conflict
on Thursday.
Following the killing of
Ahmed al-Jabari - the military
commander of Hamas, a mili-
tant organization that governs
the Gaza Strip and is classified
as a terrorist organization by the
U.S. government - by an Israeli
airstrike Wednesday, the con-

on Diag
flict has raised tensions in the
region and grabbed the attention
of students at the University.
Artists for Israel, a group of
professional, New York-based
artists who travel across the
United States painting in sup-
port of Israel, spray-painted
four canvasses on the Diag in
an effort to encourage students
to express their political views
See GAZA, Page 3

Dept. of Energy
lawyer to start new
position on Jan. 7
By PETER SHAHIN and
SAM GRINGLAS
Daily StaffReporters
During its monthly meet-
ing Thursday, the University's
Board of Regents approved
Timothy Lynch as the next
general counsel, effective on
Jan. 7.
Though Lynch, the current
deputy general counsel for liti-
gation and enforcement at the
U.S. Department of Energy,
did not attend the meeting, he
said in a phone interview after

the meeting from his home hn
Washington, D.C. that he is
excited for his new role.
"Michigan is one of the
very best educational institu-
tions in the world," Lynch said.
"There aren't many Michigans
out there at all. I don't think
there's really a better place to
go for someone who wants to
do work for a $6-billion client
that has such a strong public
mission. Michigan itself is just
a fantastic university and a
great cultural place."
Lynch said his background
as a trial lawyer and litigator
will play an important role in
guiding the University's legal
matters.
"My vision is to make sure
the general counsel's office is

providing the University with
the kind of high-quality advice
it needs to continue to thrive as
one of the foremost education-
al institutions in the world,"
Lynch said. "Issues that can
come up in the higher educa-
tion context often make their
way to the Courts of Appeals
and the Supreme Court."
He noted his time as an
adjunct professor at George-
town University and the Uni-
versity of Virginia will provide
valuable experience in tran-
sitioning to the field of higher
education.
"I've learned just as much
from the student, if not more,
than what I've taught them,"
Lynch said. "My experience
See LYNCH, Page 3


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