Although Massie and Dillard both have different factual cases, Massie said they will be working together as much as possible. Dillard said the intervenors' participation in the trial will enable the judges to hear from the people the decision will affect directly. Barry said the intervenors will have a chance to interview the University's and CIR's witnesses, plus have an opportunity to request documents and other information from both the plaintiffs and defendants. In addition to obtaining discovery materials, public opinion is a factor both Dillard and Massie anticipate to play a key role in the time proceeding the trial. Public opinion determines how law evolves.
Public opinion has an impact on how judges view law.
Dillard said the University has been fortunate to have many influential voices speak up in its defense. He said backing from such prominent figures as former President Gerald Ford, a University alum who had an editorial published in The New York Times in August, bolster the movement behind affirmative action and strengthen the University's position. In March 1998, a similar motion was filed by 41 students hoping to intervene in the Law School suit, which was CIR filed on Dec. 3, 1997. By Any Means Necessary and Law Students for Affirmative Action with the intent of trying to intervene in the case against the Law School. In July 1998, U.S. District Judge Bernard Friedman denied the motion to intervene in the Law School case and similarly, U.S. District Judge Patrick Duggan blocked the LSA suit intervenors from becoming part of the LSA case.