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COALITION TO DEFEND AFFIRMATIVE ACTION v. GRANHOLM

Nos. 06-2653, 06-2656.

501 F.3d 775 (2007)

COALITION TO DEFEND AFFIRMATIVE ACTION; Coalition to Defend Affirmative Action, Integration and Immigrant Rights and Fight For Equality By Any Means Necessary (BAMN), et al., Plaintiffs-Appellees, v. Jennifer GRANHOLM, et al., Defendants-Appellees, Michigan Civil Rights Initiative Committee; American Civil Rights Foundation; Toward a Fair Michigan, Proposed Intervenors-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 6, 2007.

Attorney(s) appearing for the Case

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.

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

COLE, J., delivered the opinion of the court, in which MARTIN, J., joined. KENNEDY, J. (pp. 784-88), delivered a separate opinion concurring in part and dissenting in part.

OPINION

R. GUY COLE, JR., Circuit Judge.

Before us are two appeals challenging a district court's order denying intervention under Federal Rule of Civil Procedure 24(a) and (b) to (1) the Michigan Civil Rights Initiative committee (the "MCRI"), (2) the American Civil Rights Foundation...

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