United States Sixth Circuit

In an action brought against the governor of Michigan and state university officials seeking to invalidate and permanently enjoin from enforcement a recently enacted amendment to Michigan's constitution that outlaws, among other things, sex- and race-based preferences in public education, public employment, and public contracting, an order denying certain parties intervention under Federal Rule of Civil Procedure 24(a) and (b) is affirmed as: 1) the parties lacked a substantial legal interest in the outcome of the case, for purposes of intervention as of right; and 2) there was no abuse of discretion in a denial of permissive intervention for them either.

Appellate Information

• Decided 09/06/2007
• Published 09/06/2007

Judges

• Before: KENNEDY, MARTIN, and COLE, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ON BRIEF:Sharon L. Browne, Alan W. Foutz, Pacific Legal Foundation, Sacramento, California, Charles J. Cooper, Michael W. Kirk, Cooper & Kirk, Washington, D.C., Kerry L. Morgan, Pentiuk, Couvreue & Kobiljal, Wyandotte, Michigan, Michael E. Rosman, Center for Individual Rights, Washington, D.C., for Appellants.  Philip J. Kessler, Butzel Long, Detroit, Michigan, Leonard M. Niehoff, Butzel Long, Ann Arbor, Michigan, George B. Washington, Scheff & Washington, Detroit, Michigan, Michael J. Steinberg, American Civil Liberties Union Fund of Michigan, Detroit, Michigan, James E. Long, Office of the Attorney General, Lansing, Michigan, for Appellees.