On Wednesday, U.S. Supreme Court Justice John Paul Stevens asked all parties involved in a federal lawsuit surrounding Proposal 2 to file briefs by next Wednesday on a motion that seeks an emergency injunction that would allow U-M, WSU and Michigan State University six more months to comply with the new law in admissions and financial aid programs.
Pell said that doesn’t mean the high court would hear the appeal by the pro-affirmative action group By Any Means Necessary.
“It’s a routine administrative matter to ask for briefs in response to a motion such as the one BAMN made,” Pell said. “I don’t think it’s accurate to say the Supreme Court has decided to wade into this dispute.”
BAMN spokeswoman Shanta Driver countered that Stevens’ request acknowledges the group’s challenge has merit.
“I think it gives momentum to BAMN’s efforts, Driver said. “If Justice Stevens issues a decision saying, ‘Look there are definite federal issues involved’ and says there’s a case to be made for challenging the constitutionality of Proposal 2, our chances of prevailing … are increased enormously,” she said.
Peterson said Stevens’ request won’t have any bearing on the decision to lift the one-week freeze on admissions or affect the policy to strip race and gender from consideration in applications for the upcoming academic year.