In striking down the Michigan affirmative-action ban, the 6th U.S. Circuit Court of Appeals is engaging in judicial activism, which is born of the same mentality that gives us Barack Obama’s flouting of the law. Obama circumvents the people’s will as expressed through their representatives by ruling through executive fiat; the judges circumvent it through judicial fiat. Obama trumps marketplace competition by picking winners and losers; the judges trump marketplace-of-ideas competition by picking winners and losers. And the real loser is freedom.

Hundreds of years ago, satirist Jonathan Swift described lawyers as “a society of men … bred up from their youth in the art of proving, by words multiplied for the purpose, that white is black, and black is white….” And evidencing that some things never change is the 6th U.S. Circuit Court of Appeals.

In an 8-to-7 decision, the court just declared Michigan’s constitutional amendment banning affirmative action (AA) unconstitutional, with multiplied words that molest reasonable minds. Fox10Tv.com writes:

The court said the 2006 amendment to the Michigan Constitution is illegal because it presents an extraordinary burden to opponents who would have to mount their own long, expensive campaign through the ballot box to protect affirmative action.

That burden "undermines the Equal Protection Clause's guarantee that all citizens ought to have equal access to the tools of political change," said Judge R. Guy Cole Jr., writing for the majority….

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Selwyn Duke (photo)