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6th Cir achieve adopted affirmative action Appeals applied argument Article XII authority Bakke basis black teachers Board of Education brief cert City Civil Rights claims Clause constitutional contract decision denied desegregation Detroit district court effects efforts employers employment Equal Protection ethnic evidence facts faculty federal findings Fourteenth Amendment Fullilove goal held hiring important individual integration interest issue Jackson Board Jackson School judicial Justice labor layoff layoff provision measures ment Michigan minority students minority teachers necessary objectives opinion opportunity parties past discrimination percentage of minority Petitioners Powell present prior provision Public Schools race race-conscious racial preferences reasonable record remedy Respondents retention role models school board School District school system segregation seniority Sixth Circuit staff standard substantial summary judgment Supp supra teaching tion Title VII union United violation voluntary Weber Wygant