Judge David Lawson, the U.S. District Court judge hearing BAMN’s suit against Proposal 2, has allowed Eric Russell, represented by the Center for Individual Rights, to intervene in the case while denying intervention to the City of Lansing and to the two organizations, led by Ward Connerly and Jennifer Gratz, that led the campaign for Proposal 2. Meanwhile, the 6th Circuit has ordered expedited briefing on the appeal of Judge Lawson’s order enjoining the application of Proposal 2. (HatTip to Hans Bader of the Competitive Enterprise Institute.)
Eric Russell is a white male who is planning to apply to the University of Michigan law school. Judge Lawson allowed him to intervene because he recognized that if the plaintiffs succeed in having Proposal 2 ruled unconstitutional “Russell’s chances of gaining admission to the University of Michigan law school may be diminished.” (Order at p. 12; I don’ have a link yet.)
In another, better world a federal judge who recognized that a constitutional amendment supported by 58% of the people would bar state-imposed burdens based on race alone would not have enjoined its going into effect in the first place.
