CO Anti-Affirmative Action Initiative: ACLU Amicus in Title Challenge

The petition considered in this case is one of a series of anti-affirmative action initiatives being forwarded in 5 states for the fall of 2008, deceptively billed by its sponsors as a ban on "discrimination." In this amicus brief, the ACLU of Colorado argues that the measure's use of the phrase "preferential treatment" is unconstitutionally vague.