How Appealing brings to our attention what he calls "a most remarkable development" regarding the Michigan affirmative action case. You can follow his links and also go this Detroit News story on the matter:
"Apparently, A 6th U.S. Circuit Court of Appeals judge has found evidence of judicial misconduct that could have helped ensure the University of Michigan’s lower court victory in a lawsuit against its admissions policies.
In a rare acknowledgement that a court did not follow its own rules, acting chief judge Alice M. Batchelder said the way the chief judge assigned the case and other irregular procedures ’raise an inference that misconduct has occurred,’ according to a May 28 order from the court."
And there is even more coverage on it from How Appealing that is well worth your time. This is extraordinary and dramatic. I’ll try to stay on top of it.
Actually, Judge Bogg’s dissent in Grutter, 288 F.3d 732, at 810-814 exhaustively laid out how Boyce F. Martin, Jr., Chief Judge, delayed this case to obtain a panel that would agree with him and support U. Mich. What is remarkable is how Martin’s Kangaroo Court manuevers have been ignored by the Bar, that is the attorneys who practice in the 6th Circuit have largely remained quiet. It should not suprise that Alice Batchelder affirms the truth of the allegations, she joined with Judge Bogg’s dissent. Nor should it suprise that collegiality ruled the day, and prevented any real sanction against Chief Judge Martin other than the slight public humiliation.