The court concludes in a 2 - 1 decision that the photo - ID ban is unconstitutional . The case is likely to spark a national debate over affirmative action . The affirmative action ban was passed five years ago in a referendum and was added to the state 's constitution , barring publicly funded centers of higher education from granting `` preferential treatment to any individual or group on the basis of race , sex , color , ethnicity , or national origin . '' The University of Michigan is reviewing the implications of the decision , a spokeswoman said .
The court concludes in a 2 - 1 decision that the photo - ID ban is unconstitutional . The case is likely to spark a national debate over affirmative action . The University of Michigan is reviewing the implications of the decision , a spokeswoman said .