Michigan attorney general confident Supreme Court will uphold affirmative action law

Michigan’s attorney general told Megyn Kelly Monday he is confident the Supreme Court will uphold his state’s controversial voter-approved amendment that outlaws any consideration of race in college admissions, a decade after the justices ruled affirmative action was constitutional.

Attorney General Bill Schuette said on "The Kelly File" the amendment ensures that “the only thing we are discriminating against in Michigan is discrimination itself.”

Detractors denounce the amendment as a provision that would “make Jim Crow proud,” and cite the fact that black and Latino enrollment at the University of Michigan has dropped since the ban took effect as proof it is discriminatory.

Schuette called that argument “nonsense.”

“What we are doing in Michigan is we are embracing Chief Justice Roberts’ famous quote when he said the best way to stop racial discrimination is to stop discriminating on the basis of race,” he told Kelly.

An appeals court earlier ruled against Michigan, saying the provision runs afoul of the Equal Protection Clause of the U.S. Constitution's 14th Amendment. If the Supreme Court sides with Michigan it could have nationwide implications for affirmative action, as states with similar constitutional amendments would also be allowed to keep them.

The Associated Press contributed to this report