The United States Supreme Court is considering an affirmative action case, Fisher v. University of Texas, challenging the use of race as a factor in admissions. But the Sixth Circuit case raises a different issue: the legality of statewide bans on affirmative action. Seven states besides Michigan — Arizona, California, Florida, Oklahoma, Nebraska, New Hampshire and Washington — forbid the consideration of race in university admissions.

The Court of Appeals for the Ninth Circuit has upheld California’s ban, and with the Michigan ruling, the stage may be set for the issue to go before the Supreme Court.

“I think this is very likely to go to the Supreme Court, because there’s a direct conflict between the circuits, it’s of great national importance and the 8-7 split on the Sixth Circuit is a signal that some ruling is needed,” said Eugene Volokh, a law professor at the University of California, Los Angeles, who helped draft the California ban. “The only thing that might get in the way is if the Fisher case decides that all race-based action in education is unconstitutional, which would make it not technically moot, but less important.”

Bill Schuette, the attorney general of Michigan, said Thursday that he planned to appeal the case to the Supreme Court. “Entrance to our great universities must be based upon merit,” he said in a statement.

George Washington, the Detroit lawyer who argued the case, said Proposal 2, as the Michigan ban is known, does not ensure merit. “The Big Lie told by the supporters of Proposal 2 is that grades and test scores are a neutral means for judging merit,” he said. “But that system is openly biased against black, Latino and Native American applicants.”