The issue focused on the court's legal authority to deal with issues of federal law. A Justice Department attorney at the time, Thomas D. Grueby, said in a ruling that he was "unable to find any constitutional ground" for what he called a "remedy" and would not take it.

This case is one of many legal questions about government enforcement of civil rights laws. In 2014, the Supreme Court agreed to review an appeals court decision by the United States Court of Appeals for