Opponents of state ballot initiatives that outlaw race and gender based affirmative action programs have vowed to take their fight all the way to the U.S. Supreme Court. Ward Connerly, the former University of California Regent who was the galvanizing influence behind Proposition 209, which amended that state’s constitution to prohibit preferential policies, would welcome that challenge.

On July 1, a three-judge panel on the Sixth Circuit Court of Appeals ruled that the anti-discriminatory language included as part of the Michigan Civil Rights Initiative (MCRI) actually violated the amendment’s equal protection clause and must therefore be overturned. Like Proposition 209, MCRI is built around a state constitutional amendment that prohibits preferential policies.