The coalition attempting to intervene in the lawsuit challenging the University's use of race in the Law School's admissions policies has filed a motion for reconsideration.
On July 6, Judge Bernard Friedman denied the motion of the coalition to become co-defendants in the second of two lawsuits challenging the University. The coalition filed its request March 26. Their petition was backed by United for Equality and Affirmative Action, the Coalition to Defend Affirmative Action and Law Students for Affirmative Action.
The coalition is comprised of 41 students ranging in educational background, economic status and race, along with three pro-affirmative action coalitions.
Miranda Massie, a Detroit attorney for the Law School coalition, said the group has filed a motion for reconsideration.
"We are asking the same judge to change his mind," Massie said.
Massie said the coalition intends to appeal to the 6th Circuit immediately if Friedman does reverse his earlier decision.
Massie said the students' interests are distinct from the University's, and these interests are the real target of the attack on affirmative action.
Former University of Arizona Law School Prof. Ted Samson said it's not unusual to ask the court for a reconsideration.
"It's not unheard of to ask for a reconsideration," Samson said.
Samson said the time period Friedman has to make his decision is at his own discretion.
"My guess would be that the judge would want to do it as quickly as possible," Sampson said.
Sampson added he does not know of many examples in which a judge changed his mind with a reconsideration.
"The coalition would have to show solid reasons why they should be allowed into the lawsuit and convince the judge to let them in," Sampson said.
He added that appealing the court's decision is not unusual either.
"Appeals happen everyday," Sampson said. "A different judge will decide their fate."
In October 1996, Jennifer Gratz and Patrick Hamacher filed a lawsuit against the University, stating the University's undergraduate admission policies unfairly values minorities over whites.
The Center for Individual Rights also filed a lawsuit against the University Law School on December 3 on behalf of Barbara Gutter, a white applicant who asserts she was unfairly evaluated in the University's Law School's admission process in the selection of the incoming class of 1995.
University spokesperson Julie Peterson declined to comment on the coalition's motion for reconsideration.
January 1998: University responds to the lawsuit challenging the Law School's use of race in its selection of students.
March 26, 1998: A total of 41 students ranging in gender, race and educational level along with the three coalitions United for Equality and Affirmative Action, Coalition to Defend Affirmative Action and Law Students for Affirmative Action files a motion to intervene in the lawsuit.
May 8: The University issues a response to the coalition of students.
July 6: U.S District Judge Bernard Friedman denies motion of coalition to intervene in the lawsuit.
July 20: Coalition files a motion asking Friedman for a reconsideration.
February 5, 1998: Seventeen high school students along with several groups including the NAACP Legal Defense and Educational Fund, the American Civil Liberties Union, the Mexican American Legal Defense Fund and Citizens for Affirmative Action file motion to intervene in lawsuit.
February 24: The Center for Individual Rights and the University respond to CAAP motion intervene.
March 4: CAAP files reply motion to answer responses.
July 7: U.S. District Judge Patrick Duggan denies the coalition's motion to intervene.
07-27-98
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