The measure, called the Michigan Civil Rights Initiative, or Proposal 2, passed in November 2006 and prohibited the use of race in the Law School admissions processes.

Grutter, who is white, alleges that in June 1997 The University of Michigan Law School rejected her application for admission because of her race. American Jurisprudence cites as case authority for this proposition McCuin v. Texas Power & Light Co., 714 F.2d 1255 (5th Cir. 97-75231 against Lee Bollinger (the current president of The University of Michigan), James J. Duderstadt (the president of The University of Michigan immediately preceding Bollinger), The University of Michigan, and The University of Michigan College of Literature, Arts and Science ("LS & A").

The Court's majority ruling, authored by Justice Sandra Day O'Connor, held that the United States Constitution "does not prohibit the law school's narrowly tailored use of race in admissions decisions to further a compelling interest in obtaining the educational benefits that flow from a diverse student body." While three-judge panels are known to the federal system at both the district and circuit levels,[7] a two-judge panel apparently has never until now been convened within any United States District Court. Mich. LR 83.11(b)(7)." [8] The docketing of this "opinion" in a case properly assigned to a judge by blind draw, is an affront to the dignity and the independence of the court and an unlawful intrusion upon and interference and meddling with this court's business. Mich. LR 83.11(b) (7) (A), was specifically directed to me, and not to the chief judge.

§ 455, for the reason that her spouse, a Regent of the Defendant University, is a Defendant in both of the lawsuits in issue." (C) When it becomes apparent to the Judge to whom a case is assigned and to a Judge having an earlier case number that two cases are companion cases, upon consent of the Judge having the earlier case number, the Judge shall sign an order reassigning the case to the Judge having the earlier case number.

[5] This alternative procedure would at least have protected the appearance of fairness and impartiality. She also proposes to represent a class of law school applicants whose applications for admission were evaluated less favorably because of their race. Copies of the motion, and of the cover letter, were also delivered to me, to Judge Duggan, and to all counsel of record. § 1981; that she was rejected because the Law School uses race as a "predominant" factor, giving applicants belonging to certain minority groups a significantly greater chance of admission than students with similar credentials from disfavored racial groups; and that respondents had no compelling interest to justify that use of race.

This "opinion" was filed on August 6, 1998, and entered on the docket in the Grutter action on August 7, 1998; however, this "opinion" has not been entered on the docket in the Gratz action. Mich. LR 83.11(b)(7), and presented these issues to Chief Judge Anna Diggs Taylor." On October 14, 1997, plaintiffs Jennifer Gratz and Patrick Hamacher commenced Civil Action No. Local Rule 83.11(b) (2) specifically states that a case may be reassigned "only with the consent of the Judge to whom the case was originally assigned and with the consent of the Judge to whom it is to be reassigned." The chief judge of the district court shall be responsible for the observance of such rules and orders, and shall divide the business and assign the cases so far as such rules and orders do not otherwise prescribe." Mich. LR 83.11(b)(2) — defendants argue that the complaints in Grutter and Gratz are "virtually identical"; that the parties are represented by the same attorneys in both cases; that in the two cases "most of the defendants overlap"; and that reassignment "will promote docket efficiency and conserve judicial resources by avoiding duplication of efforts and the risk of inconsistent rulings." The panel's focus throughout the hearing was whether Grutter and Gratz are companion cases within the meaning of Local Rule 83.11(b) (7). Moreover, Justice Thomas noted that in United States v. Virginia, 518 U.S. 515 (1996), the Court required the Virginia Military Institute to radically reshape its admissions process and the character of that institution. As noted above, the complaint in Grutter was filed on December 3, 1997.

The case generated a record number of amicus curiae briefs from institutional supporters of affirmative action. § 136(e), which requires the duties of a chief judge who is temporarily unable to act to be performed by "the district judge" (not judges) next in precedence, and with this court's and the American legal system's long-standing practice of assigning a case or motion, at the trial level, to a single judge. Other than Bollinger, there is no overlap whatsoever in the parties of the two cases. The court noted that a chief judge "patently ... has no authority to sign [an order of assignment], or any other judicial order, pertaining to a proceeding in which he is disqualified.... Congress intended the statutory antisepsis to be absolute in order to avoid any bacterium of impugnment."

Gratz and Hamacher, both of whom are white, allege that in 1995 and 1997, respectively, the University of Michigan's LS & A undergraduate college rejected their applications for admission because of their race. 2-3. (2003) No.

University of Michigan Law School admissions program that gave special consideration for being a certain racial minority did not violate the Fourteenth Amendment. O'Connor noted that sometime in the future, perhaps twenty-five years hence, racial affirmative action would no longer be necessary in order to promote diversity. Chief Judge Taylor's Order of Disqualification and Transfer suffers from an additional defect which further detracts from its legitimacy: The order purports to reassign both portions of defendants' motion to Judges Feikens and Cook, although only the first portion — namely, the request for an order of reassignment pursuant to Local Rule 83.11(b)(2) — was directed to the chief judge. at 4, 7, 8, 14, 15, 20, 21, 22, 23.

§ 2000d.

On October 14, 1997, plaintiffs Jennifer Gratz and Patrick Hamacher commenced Civil Action No. Complaint, ¶ 20. Thus, the companion case issue is still pending and I shall decide it at this time. The U.S. Court of Appeals for the Sixth Circuit heard this case the same day as Grutter v. Bollinger, a similar case, and upheld the University’s admission policies in that case.

Finally, the court notes that Judges Feikens and Cook, both at the hearing and in their "opinion," completely ignored the matter of my consent to any reassignment. Obviously, this is not the issue defendants presented to the chief judge; and, as the chief judge's "designees," the two-judge panel had no business concerning itself with this issue. The court therefore concludes that the August 6, 1998, "opinion" of Judges Feikens and Cook is a nullity, void ab initio, and without any purpose or effect whatsoever.8 The docketing of this "opinion" in a case properly assigned to a judge by blind draw, is an affront to the dignity and the independence of the court and an unlawful intrusion upon and interference and meddling with this court's business. To the contrary, by statute, case law, and common sense, once the chief judge disqualified herself she was duty bound to refrain from taking any further action in the matter whatsoever. 1 539 U.S. 306 3 GRUTTER v. BOLLINGER et al. 11 Decided June 23, 2003. In a dissent joined by three other justices, Chief Justice William Rehnquist argued that the university's admissions system was, in fact, a thinly veiled and unconstitutional quota system. Copies of the motion, and of the cover letter, were also delivered to me, to Judge Duggan, and to all counsel of record. 4 GRUTTER v. BOLLINGER Opinion of the Court filed suit in the United States District Court for the East-ern District of Michigan against the Law School, the Re-gents of the University of Michigan, Lee Bollinger (Dean of the Law School from 1987 to 1994, and President of the University of Michigan from 1996 to 2002), Jeffrey Leh-

The transaction in Gratz is the rejection of the applications of plaintiff Gratz and Hamacher for admission to the undergraduate college in April 1995 and the spring of 1997, respectively. 28 U.S.C.

See also R. Flamm, Judicial Disqualification § 22.3.2 (1996) ("The reasons for the rule prohibiting a disqualified judge from having any input into the reassignment of the case are plain. By the same token, it is not apparent to me that "substantially similar evidence will be offered at trial" in the two cases.

at 4, 7, 8, 14, 15, 20, 21, 22, 23.

[1] Defendants' motion is presented in two parts. Mich. LR 83.11(d)(1).5 This alternative procedure would at least have protected the appearance of fairness and impartiality. To the contrary, by statute, case law, and common sense, once the chief judge disqualified herself she was duty bound to refrain from taking any further action in the matter whatsoever. Hearing Transcript, p. 4. The two lawsuits challenge the admissions process of two units within the University of Michigan." After the ruling, Michigan Attorney General Bill Schuette announced he would appeal the court ruling to the Supreme Court. Public universities and other public institutions of higher education across the nation are now allowed to use race as a plus factor in determining whether a student should be admitted. The Court remanded the case to the Fifth Circuit Court of Appeals for reconsideration, and that court again upheld UT's use of race.

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