"Michigan has chosen to structure its university system such that politics plays no part in university admissions at all levels. ... The Michigan voters have therefore not restructured the political process in their state by amending their state constitution; they have merely employed it," Gibbons said.
Besides Michigan, six states have banned racial preferences in admissions: Washington, Nebraska, Arizona, New Hampshire, California and Florida. In Texas and Georgia, leading public universities use a race-neutral system, though the University of Texas has maintained some use of affirmative action.
Since a 2003 Supreme Court decision, universities have been allowed to use racial preferences if they choose, though they are not compelled to do so. The court last month heard arguments in a case that could change that precedent. Abigail Fisher, a rejected white applicant, is suing the University of Texas.
AP Education Writer Justin Pope contributed to this report from Ann Arbor, Mich.
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