American Civil Liberties Union

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, each of which is deceptively billed by its sponsors as a ban on "discrimination" and "preferential treatment." In this brief, citizens of Colorado file protest to the initiative's misleading and prejudicial title and allege that the initiative is unconstitutionally broad.