On September 9, 2011, the Sixth Circuit voted to rehear en banc the panel decision in Coalition to Defend Affirmative Action, Integration and Immigrant Rights and Fight for Equality by Any Means Necessary v. Regents of the Univ. of Michigan (6th Cir. Nos. 08-1387, 08-1389, 08-1534, 09-1111) (PDF). With Judges Kethledge and McKeague having recused themselves, the Court voted (PDF) to vacate the panel decision, stay the mandate and set the matter for rehearing by the entire Court. In a subsequent order, the Court established appellants' briefing due on October 11, 2011, with briefing by the appellees due on December 12, 2011. A date for oral argument has not yet been set.
The Sixth Circuit Appellate Blog has been anticipating a ruling on the en banc petition, and this widely watched matter promises to garner considerable attention in the circuit and well beyond. Be assured, this Blog will keep readers abreast of developments going forward.