In its footnotes, the 5th Circuit recognized its decision was in conflict with the 9th U.S. Circuit Court of Appeals Smith decision and the Gratz ruling from the U.S. District Court for the Eastern District of Michigan. In Smith v. University of Washington , the 9th Circuit ruled that race can be used as a factor when making admissions decisions. The Gratz v. Bollinger court ruled that use of race as one of several factors for admissions is constitutional. If appealed, this case would bring the 6th U.S. Circuit Court of Appeals into the fray. With the conflict in these courts, the road to the Supreme Court looks wide open.
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