Legal Opinion · Dissent

Faulkner v. Jones

Court of Appeals for the Fourth Circuit

Decided November 17, 1993No. 93-2030Published

1DissentHamilton, Circuit Judge

Without pause or demonstrated concern for the devastating consequences of its actions, the majority emasculates a venerable institution by jettisoning 150 years of impeccable tradition and distinguished service. Because the mandatory preliminary remedy imposed by the majority of this court is devoid of any showing of irreparable harm to Faulkner or a strong likelihood that Faulkner will succeed on the merits, decimates the status quo without first affording The Citadel an opportunity to justify its all-male admissions policy in a trial on the merits, frustrates the State of South Carolina’s…

2Cases cited28 opinions

  1. Brown v. Board of EducationSupreme Court of the United States · 1954
  2. Swann v. Charlotte-Mecklenburg Board of EducationSupreme Court of the United States · 1971
  3. Reed v. ReedSupreme Court of the United States · 1971
  4. Brown v. Board of EducationSupreme Court of the United States · 1955
  5. Roland MacHinery Company v. Dresser Industries, Inc.Court of Appeals for the Seventh Circuit · 1984

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