CIR co-counsel Charles J. Cooper urged U.S. Federal District Court Judge David Lawson to reject all pending legal challenges to Prop. 2 as a matter of law. Together with CIR, Cooper is representing Eric Russell, a Michigan resident who moved to intervene in the case in December 2006.
Russell contends that the U.S. Constitution does not prevent the citizens of Michigan from amending their constitution to forbid the use of racial preferences in state programs such as admission to the state universities.
Separately, Cooper and CIR are representing Jennifer Gratz in a motion to intervene in the litigation as an interested party. Gratz seeks to ensure that her interests remain adequately represented in the event that the Cantrell Plaintiffs succeed in dismissing Russell from the case, either in a pending motion (see update below) or in future such attempts.