opinion: Per Curiam.
  After petitioner appealed the dismissal of his employment discrimination claim, respondent moved for dismissal of the appeal and for sanctions. Respondent argued that the appeal was frivolous in light of controlling decisions of the Court of Appeals for the Seventh Circuit holding that § 101 of the Civil Rights Act of 1991, 105 Stat. 1071, 42 U. S. C. § 1981 (1988 ed., Supp. IV), does not apply to cases arising before its enactment. See Luddington v. Indiana Bell Tel. Co., 966 F. 2d 225 (1992); Mozee v. American Commercial Marine Serv. Co., 963 F. 2d 929 (1992). In an order dated September 30, 1992, the Court of Appeals granted respondent’s motion, dismissed the appeal, and imposed a $500 sanction on petitioner’s attorney.
  The Court of Appeals correctly rejected petitioner’s argument that § 101 applies retroactively. See Landgraf v. USI Film Products, ante, p. 244; Rivers v. Roadway Express; Inc., ante, p. 298. However, if the only basis for the order imposing sanctions on petitioner’s attorney was that his retroactivity argument was foreclosed by Circuit precedent, the order was not proper. As petitioner noted in his memorandum opposing dismissal and sanctions, this Court had not yet ruled on the application of § 101 to pending cases. Filing an appeal was the only way petitioner could preserve the issue pending a possible favorable decision by this Court. Although, as of September 30,1992, there was no circuit conflict on the retroactivity question, that question had divided the District Courts and its answer was not so clear as to make petitioner’s position frivolous. See Mozee, supra, at 940-941 (Cudahy, J., dissenting).
  Accordingly, the petition for a writ of certiorari is granted, the order imposing sanctions is vacated, and the case is remanded for further proceedings consistent with this opinion.
  It is so ordered.
choices: voting Voting Rights Act of 1965, plus amendments ballot access (of candidates and political parties) desegregation (other than as pertains to school desegregation, employment discrimination, and affirmative action) desegregation, schools employment discrimination: on basis of race, age, religion, illegitimacy, national origin, or working conditions. affirmative action slavery or indenture sit-in demonstrations (protests against racial discrimination in places of public accommodation) reapportionment: other than plans governed by the Voting Rights Act debtors' rights deportation (cf. immigration and naturalization) employability of aliens (cf. immigration and naturalization) sex discrimination (excluding sex discrimination in employment) sex discrimination in employment (cf. sex discrimination) Indians (other than pertains to state jurisdiction over) Indians, state jurisdiction over juveniles (cf. rights of illegitimates) poverty law, constitutional poverty law, statutory: welfare benefits, typically under some Social Security Act provision. illegitimates, rights of (cf. juveniles): typically inheritance and survivor's benefits, and paternity suits handicapped, rights of: under Rehabilitation, Americans with Disabilities Act, and related statutes residency requirements: durational, plus discrimination against nonresidents military: draftee, or person subject to induction military: active duty military: veteran immigration and naturalization: permanent residence immigration and naturalization: citizenship immigration and naturalization: loss of citizenship, denaturalization immigration and naturalization: access to public education immigration and naturalization: welfare benefits immigration and naturalization: miscellaneous indigents: appointment of counsel (cf. right to counsel) indigents: inadequate representation by counsel (cf. right to counsel) indigents: payment of fine indigents: costs or filing fees indigents: U.S. Supreme Court docketing fee indigents: transcript indigents: assistance of psychiatrist indigents: miscellaneous liability, civil rights acts (cf. liability, governmental and liability, nongovernmental; cruel and unusual punishment, non-death penalty) miscellaneous civil rights (cf. comity: civil rights)