Nonetheless, and despite consistent citation with approval to the line of Ninth Circuit cases beginning with Spellman, a panel of this court reached the opposite conclusion in Northland Family Planning. Center for Individual Rights, Washington, DC, Kerry L. Morgan, Pentiuk, Couvreue & Kobiljal, Wyandotte, MI, Michael E. Rosman, Kerry L. Morgan, for Proposed Intervenors-Appellants/Petitioners. This case has not yet been cited in our system. to Defend Affirmative Action, 240 F.R.D. In contending that the Equal Protection Clause compels what it presumptively prohibits, plaintiffs face a steep climb. Romer struck down an amendment to the Colorado constitution that prohibited local governments from acting to protect homosexuals from discrimination, an amendment that "impose[d] a special disability upon [homosexuals] alone." Most of these pleadings deal with irreparable-harm and public-interest arguments: the difficulty of changing admissions and financial-aid policies in the midst of an enrollment cycle, uncertainty over the meaning of the amendment under state law and the delay that will occur before the Michigan Civil Rights Commission acts on the Governor's request to interpret the amendment within 90 days — all good-faith reasons for seeking delay, to be sure, but none of them pertinent to establishing a federal ground for suspending the law. Law Project, a federally-recognized 501(c)(3) non-profit. After all, Bakke, Grutter and Gratz — the lead cases upon which the Universities rely in claiming that Proposal 2 violates the First Amendment — involved constitutional challenges by individuals against States (or at least state officials). The First Amendment, by contrast, has no termination point, whether in 25, 50 or 250 years, making it improbable that the same Court that decided Grutter would hold that state universities have a First Amendment right to maintain racial preferences. Panel: Why? As Hunter indicates, the "majority needs no protection against discrimination and if it did, a referendum might be bothersome but no more than that." Id. . x�+� � | 3187 (prohibiting a government from "explicitly using the racial nature of a decision to determine the decisionmaking process"). 643, 85 L.Ed. In a lawsuit against the state challenging the constitutionality of the statute, the citizen-group sponsor of the legislation moved to intervene, but the district court denied its motion.

Mich. Const. at 702 ("A law that prohibits the State from classifying individuals by race or gender a fortiori does not classify individuals by race or gender. 643, 85 L.Ed. Mich. Const. The state courts assuredly have authority to delay the law's implementation during this enrollment cycle — either because the meaning of the law is unclear or because it will be administratively onerous to apply it immediately. 2040, 48 L.Ed.2d 597 (1976), and on the basis of sex, United States v. Virginia, 518 U.S. 515, 116 S.Ct. In so holding, we drew a distinction between cases involving challenges "to the procedure required to pass a particular rule, as opposed to the government's subsequent enforcement of the rule after its enactment."

(stating that "the attainment of a diverse student body" is "a constitutionally permissible goal for an institution of higher education"). Romer struck down an amendment to the Colorado constitution that prohibited local governments from acting to protect homosexuals from discrimination, an amendment that "impose[d] a special disability upon [homosexuals] alone."

While the Governor does not expressly defend the validity of the amendment in her appellate papers, neither does she say that it violates any federal law. As the example of the Governor proves, there are cases in which the elected officials of a state will disagree with the majority of the voting population on a particular point of public *787 policy. Id. . The Universities never explained what those federal laws were or exactly how they would affect the meaning of the amendment. It is also unclear what the status of Governor Granholm, as a party, actually is. Therefore, I would reverse the district court with regard to appellants MCRI and ACRF and remand with instructions to allow those parties to intervene pursuant to Rule 24(a). endstream At the time of the litigation, CAAP was a coalition consisting of minority students and civil-rights groups, among others, premised on preserving affirmative action in higher education. 2d 257 (2003), is registered with the Michigan Secretary of State as the official ballot-question committee for Proposal 2, and was, by all accounts, the driving force behind the controversial solicitation of signatures necessary to place Proposal 2 on the ballot. . endstream In Northland Family Planning, the proposed intervenor had proposed the challenged law to the legislature through an initiative and the legislature had enacted the law.
(More on that argument later.)

Dist. circumstances" to consider.
Legal and policy debates about admissions preferences in the university setting are not new to the people of Michigan.

They filed the lawsuit in the Southern Division of the Eastern District of Michigan. On December 28, Russell and TAFM filed an amended notice of appeal with respect to the preliminary injunction issued by the district court on December 19. 393 U.S. at 391, 89 S.Ct.

None known, Docket Number: the public interest in its enforceability is entrusted for the most part to the government, and the public's legal interest in the legislative process becomes less relevant." . On December 11, the Universities filed a cross-claim against Governor Granholm, seeking (1) a declaratory judgment "that under federal law the Universities may continue to use their existing admissions and financial aid policies through the end of the current [enrollment] cycle" and (2) a preliminary injunction that "allows the Universities to continue to use their existing admissions and financial aid policies through the end of the current cycle." endstream

458 U.S. at 474, 102 S.Ct. Appellants waited only a week after service on the Governor and only one day after notice of that service was filed in the district court before filing their motion. Mich. Fifth: "This section shall be self-executing. In essence, then, the cross-claimants dismissed their claim for an ordinary preliminary injunction in exchange for the stipulated 194-day injunction. Nor can it fairly be said that Proposal 2 came as a sudden surprise to anyone. See Six Clinics Holding Corp. II v. Cafcomp Sys., Inc., 119 F.3d 393, 399 (6th Cir.1997) ("requir[ing]" a district court "to make specific findings concerning each of the four factors"); United States v. Sch. 06-15024 … But they face several obstacles in bringing the claim.

The district court granted the Attorney General's motion to intervene that same day. Aug. 8, 2007) (order). Id. 3187. On the same day, they filed a motion for a preliminary injunction, seeking the same thing — to enjoin the enforcement of Proposal 2 through the end of the current admissions cycle. 24(b). All of this said, our decision ultimately "turn[s] on the likelihood of success on the merits," id., and our conviction that these are weak federal claims. But if the state courts do not see it that way, that proves only that there is another side to the story, one that the federal courts should be prepared to respect.

0000002737 00000 n art. 08-1387, 08-1534. The order does not contain any discussion of the federal-law grounds for granting an injunction. To be sure, neither the MCRI nor the ACRF maintains that it or its members are specifically regulated by those portions of Michigan's constitution amended by Proposal 2. Dist.

The constitutional amendment contains several pertinent provisions.

"The denial of permissive intervention should be reversed only for clear abuse of discretion by the trial judge." Proposal 2 reinforces that goal by prohibiting state universities from discriminating, or granting preferential treatment, on the basis of race.

Eric Russell; Toward A Fair Michigan, Petitioners. . First, the order itself does not contain a sufficient ground for prohibiting Proposal 2 from going into effect.

Accordingly, as mentioned, we need not address the remaining intervention-as-of-right elements.

In addition the "government" in this case is divided; prior to the 2006 general election, the Attorney General publicly supported Proposal 2 and the Governor opposed it. 20 0 obj <>stream . An "interest so generalized will not support a claim for intervention as of right." Case No. Mich. Const. The First Amendment. . 1215, 43 L.Ed.2d 570 (1975) ("a State is free as a matter of its own law to impose greater restrictions .

See Coalition to Defend Affirmative Action, et al. In the absence of any likelihood of prevailing in invalidating this state initiative on federal grounds, we have no choice but to permit its enforcement in accordance with the state-law framework that gave it birth. "); Williams v. Vukovich, 720 F.2d 909, 920 (6th Cir.1983) ("Judicial approval . Also unhelpful is the Universities' position that the federal courts should "determin[e] their rights and responsibilities under the Amendment" and delay the effective date of the law until that task has been completed. No. As we have shown, they have little likelihood of establishing that Proposal 2 violates the Federal Constitution. 7 0 obj <>stream George B. Washington, Scheff & Washington, Detroit, MI, for Plaintiffs-Appellees. 2325; it would not have quoted in the next line of the opinion Justice Kennedy's concurrence in United States v. Lopez, 514 U.S. 549, 581, 115 S.Ct. "The absolute measure of time between the filing of the complaint and the motion to intervene is one of the least important . than those this Court holds to be necessary upon federal constitutional standards"), and surely a State may end racial preferences some years before they must do so. Hunter addressed an amendment to Akron's city charter requiring Akron's city council to obtain majority approval by the city before implementing housing ordinances dealing with racial, religious or ancestral discrimination. Nonetheless, we addressed the question. Cal. After its approval, Proposal 2 was *778 scheduled to go into effect on December 23, 2006. 2040, 48 L.Ed.2d 597 (1976), and on the basis of sex, United States v. Virginia, 518 U.S. 515, 116 S.Ct. 683, 93 L.Ed.2d 613 (1987)(plurality) (internal quotation marks omitted). All of this is prelude to the most unusual feature of the stipulated injunction: the premise for granting it no longer exists. . Const., art. 2006) (“Coalition II”) (concluding that Russell “has standing to participate in the case because he has applied for admission to the University of Michigan School of Law for matriculation in 2007 and … The legislature of the state subsequently enacted legislation pursuant to the initiative. Before SUHRHEINRICH, BATCHELDER, and SUTTON, Circuit Judges. ("CAAP asserts that its membership consists of individuals, some of whom are parents or grandparents of prospective African-American and Latino students in the State of Michigan."). After Attorney General Cox intervened, she should no longer have been in the case, yet she has continued to file briefs here in support of the denial of intervention, as well as pleadings and briefs in the court below.


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