v. Woodward, 4 Wheat.
The First and Fourteenth Amendments to the United States Constitution, to be sure, permit States to use racial and gender preferences under narrowly defined circumstances.
at 343, 123 S. Ct. 2325. With respect to the fourth factor, "the public interest lies in a correct application" of the federal constitutional and statutory provisions upon which the claimants have brought this claim, id., and ultimately (in view of our interpretation of those provisions) upon the will of the people of Michigan being effected in accordance with Michigan law. 06-2658). For these reasons, the motion for a stay pending appeal of the district court's preliminary injunction is granted, and the petition for a writ of mandamus is dismissed as moot. 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. While the Michigan state courts remain free to suspend enforcement of Proposal 2 under state law for all manner of reasons, including those urged upon us here—uncertainty about the meaning of the law, uncertainty about the law's impact on current admissions policies and uncertainty about changing admissions policies in the middle of the current enrollment season— we are unable to identify any tenable basis under federal law for suspending the law's enforcement. In contending that the Equal Protection Clause compels what it presumptively prohibits, plaintiffs face a steep climb. 1993) (en banc) (plurality opinion) (" [T]he court must ensure that there is a substantial federal claim, not only when the decree is entered but also when it is enforced, and that the obligations imposed by the decree rest on this rule of federal law rather than the bare consent of the office holder. Green Investment Funds Uk, 06- 2658 (6th Cir.
2d 421 (1984) (citation and footnote omitted), making it difficult to understand how the same constitutional provision could prohibit a State from doing away with race- and sex-based classifications sooner rather than later. 1, 458 U.S. 457, 102 S. Ct. 3187, 73 L. Ed. 06-2653) and the City of Lansing (No.
None known, Docket Number: The order also gave Russell and TAFM an opportunity to file a reply brief by December 29. Efforts to pass the initiative began soon after the Supreme Court's decisions in Grutter and Gratz, and the initiative was passed near the beginning of the 2006-2007 admissions cycle after a long debate about the merits of it. 2d 735 (1996) (internal footnote and citation omitted); see J.E.B.
By December 18, it was clear that at least one member of the public (Eric Russell) did not support the suspension of Proposal 2 because by then he (and others) had filed a motion to intervene as of right in the lawsuit precisely because he (and others) disagreed with the parties' stipulated injunction — in his case because it would jeopardize his efforts to gain admission to the Law School in the 2007 first-year class. Atty. may not be obtained for an agreement which is .
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