Marsh v. Flint Board of Education

PROLOGUE

NEWBLATT, District Judge.

Occasionally a judge has the opportunity to deal twice with exactly the same question. The first time the Court was bound to interpret and follow specific precedent of the Court of Appeals for the Sixth Circuit as there was no contrary Supreme Court precedent. Feeling bound, the first Opinion expressed the Court’s misgivings concerning the outcome compelled by following that precedent. The views expressed therein reflected the strongly-felt beliefs of many people of racial goodwill on both sides of the affirmative action fence — those who think that any and…