According to the evidence, for five months, Chief Judge Martin improperly withheld a petition filed by counsel requesting that the full court of appeals hear the case. During this period, two Republican appointed justices were given senior status, rendering them unable to participate in a vote on the case according to court rules. The result was a 5-4 liberal majority, giving Chief Judge Martin what he evidently wanted; a ruling in favor of considering race in admissions policies. Were Judge Martin to have followed the law, the outcome of the case would have been much different.

"Judge Martin clearly abused the judicial process and must be punished," said JW President Tom Fitton. "The American people must be certain that those charged with distributing justice do so with absolute respect for the rule of law."

Though Chief Judge Martin’s motives cannot be determined with certainty, even the appearance of impropriety is reason enough for concern. Furthermore, regardless of his motives, the Internal Operating Procedures of the Sixth Circuit were not followed, which is reason enough for a judicial misconduct complaint.

The U.S. Supreme Court should have sent the Michigan case back to the Sixth Circuit so that it could be reconsidered free of the appearance of judicial corruption.

”The Supreme Court’s decision is forever tainted by the judicial misconduct of the lower court. By continuing to participate in the case despite the misconduct, the Supreme Court has violated those judicial ethical canons that prohibit even the appearance of the failure to administer justice
fairly,” stated Judicial Watch President Tom Fitton.