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Did Senator Kennedy "Fix" Affirmative Action Case? From the Washington Times - Recently uncovered documents implicate staffers for Senator Edward M. Kennedy in a scheme to influence the infamous University of Michigan affirmative action case. In an April 17, 2002 internal memo, Kennedy staffers urged the Massachusetts Senator to stall the confirmation of a Tennessee Judge nominated by President Bush for a vacancy in the 6th Circuit Court of Appeals in Michigan, the court charged with hearing the University of Michigan case. "The thinking is that the current 6th Circuit will sustain the affirmative action program, but if a new judge with conservative views is confirmed before the case is decided, that new judge will be able, under 6th Circuit rules, to review the case and vote on it," Kennedy staffers wrote. President Bush had nominated Judge Julia S. Gibbons for the vacancy eight months earlier. Two months after the affirmative action case was already decided in favor of the views held by Kennedy and other liberals, she was confirmed. The University of Michigan case earned national notoriety, not only because the U.S. Supreme Court partially upheld the controversial decision in a 5-4 vote, but also because of the criminal actions of 6th Circuit Court Chief Judge Martin. Judge Martin improperly violated court rules in order to obtain a decision in favor of race-based admissions policies at the university. Judicial Watch filed an ethics complaint in January 2002, based partially on the written opinions of the dissenting justices. In May 2003, Judge Alice Batchelder, acting Chief Judge of the 6th Circuit, found that, indeed, Martin was guilty of misconduct in the case. The House Judiciary Committee is investigating Judge Martin. JW seeks his impeachment.
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