On November 8, the group By Any Means Necessary (BAMN), who has been active nationwide in the fight to defend affirmative action, filed a lawsuit against Michigan's Proposal 2 in federal court charging that the Proposal 2 is invalid. BAMN was joined by UEAALDF, the Rainbow/PUSH Coalition, several Detroit city workers union locals, and many other organizations and individuals. BAMN asserts that Proposal 2 is invalid under federal law because (1) it is preempted by the Civil Rights Act of 1964, (2) it violates the Equal Protection Clause of the Fourteenth Amendment, and (3) it violates the First Amendment as affirmed by the Supreme Court decision, Grutter v. Bollinger. BAMN will circulate the date for hearing in this case when it is announced and will plan a mass demonstration at the federal court on that day. BAMN is also inviting other organizations that would like to sign on as a plaintiff in this suit. To add your organization's name contact BAMN. A previous lawsuit by BAMN failed to remove the proposal from the ballot despite a United States District Court judge's contention that the Proposal 2 achieved ballot access due to fraud.

As of Thursday at noon there was only mention of the lawsuit filed by BAMN in the local media. WOOD TV 8 ran a story on it, but in the story the only sources cited are Jennifer Gratz and Ward Connerly with the MCRI. The Grand Rapids Press ran a story in the November 9 edition about local "fallout" from the Proposal 2 decision and even cited One United Michigan spokesperson David Waymire about the possibility that they might challenge the decision legally, but the BAMN lawsuit is not mentioned at all.