The Michigan Daily - Tuesday, December 12, 2000-7
eport from U. Wis
lasts Afrative Ac
-y Kristin Wieben System schools.
Badger Herald (University of Wisconsin) Furthermore, Mohs pointed to UW at Ma
low minority enrollment rates, which sit at lI
MADISON, Wis. (U-WIRE)- The University of 10 percent, as evidence that the affirmative
Wisconsin System admissions process was in the system is not working.
spotlight at last Friday's Board of Regents meeting as Not all of the regents shared Mohs' sent
multiple substantial changes were proposed. Student regent Joe Alexander said she agre
Regent Frederick Mohs railed against affirmative the UW System has a problem with attract
"action in the admissions process, saying it gives an retaining minorities, but said that ending a
unfair advantage to minority students over other, bet- tive action, which is designed to combat thi
ter-prepared students. lem, would not be an effective way to impr
"I have concluded that there is a great consensus situation.
... regardless of race and economic status ... that "We have a very, very unhealthy recruitm
affirmative action departs from the competitive retention program, but this is not the way to
'model," Mohs said in a 15-page report detailing his Alexander said.
ideas. UW at Madison Provost John Wiley defen
Mohs also said that dropout rates, which are school's admissions standards, saying in a stt
higher than average for minority students, are to the Milwaukee Journal Sentinel that, "Wc
signaling that affirmative action is allowing too under any circumstances, admit any student
many unqualified minority students into UW reason if we believe they cannot succeed here
Case pending as judge weighs
summary judgement motlion
W SUITSsummary judgment can be taken as "an implici
rule on the legal theory" in the case.
Continued from Page 1 Wayne State Law Prof. Robert Sedler said tha
Lion of scheduling of the LSA case with that of a a summary judgment is likely on the diversit
.similar case involving the University's Law question, but Duggan could order a trial to settl
School. the claim for a coalition of intervening defen
With that trial set to begin on Jan. 15, the LSA dants of past and present discrimination at the
-case would have to be either scheduled around or University.
-after that case. "The burden will be on the plaintiffs to shovs
"It's obvious we can't be in two courts at once," that there is no evidence of prior discriminatiot
-Pell said. for which the state of Michigan is responsible,
Although Duggan did indicate that he felt there Sedler said. This, he said, "is a very heavy bur
were no factual disputes in the case, he did not den."
- give any hints as to which side he favored. If the judge rules in favor of the CIR, God
University of California at Berkeley Law frey Dillard, lead counsel for the intervening
-School Prof. Robert Post said he knew of few defendants, argues, the discrimination issue
;ases where summary judgment was granted in would not be addressed, necessitating an addi
favor of the plaintiffs, in this case CIR. tional trial.
"Typically, a plaintiff's case usually rests on a "I think it's unlikely it'll move up without al
:dispute in the facts," he said. He also said that a the issues being heard," he said.
adison's The Regents have not, as of yet, taken any formal
ess than action to remove affirmative action programs. How-
action ever, Alexander said, a vote may come as soon as
timents. In addition to keeping an eye on affirmative
eed that action, prospective students also need to watch out
ing and for the newly approved mandatory Wisconsin gradu-
ffirma- ation test.
s prob- The Regents also voted to make a new graduation
ove the test a requirement for admissions into all 13 UW
System schools. However, the Regents have not, as
ent and of yet, specified a specific method for evaluating the
fix it," results of these tests.
"As long as somebody takes it, it doesn't matter
ded the how they do -this is going to change," Alexander
e never, In the past, parents were given the option of decid-
for any ing whether or not they wanted their children to be
acade- given the test.
Continued from Page 1
certified the victor by 537 votes out of
6 million cast, talked to his legal team
from Texas and said the lawyers were
"If they are, I am," he said.
Gore was at his official residence in
Washington, while three of his chil-
dren - Karenna, Kristin and Albert
III -attended the session.
Chief Justice William Rehnquist
gaveled the session open: "We'll hear
argument now in number 00949,
George W Bush and Richard Chenet v.
Albert Goreet al."
And off they went.
"Where's the federal question here?"
Justice Anthony Kennedy asked Bush
attorney Theodore Olson less than two
minutes into arguments over the Gore-
sought recounts ordered by the Florida
Supreme Court on Friday. In a 5-4 deci-
sion on Saturday, the U.S. Supreme
Court halted the counting.
Justice David Souter, who voted
against the Saturday stay, seemed to
ponder the ground rules for a possi-
ble resumption of the recount. "Why
shouldn't there be one subjective
rule for all counties?" he asked.
Some justices who made up Satur-
day's majority seemed skeptics) oa'
recount, under any standard.
Justice Sandra Day O'Connor
warned of a "big red flag" in election
law that seemingly requires courts to
defer to the legislative branch. With
Republicans controlling the Florida
Legislature and Congress, Bush'slegal
team has raised the same issue.
Justice Anthony Kennedy, who
along with O'Connor is a frequent
high court swing vote and sided with
the majority on Saturday, asked point-
ed questions about standards that
county election boards use in Florida
to determine voters' intent on ques-
"I think it can vary from individual
to individual," said Gore lawyer David
Kennedy sounded skeptical about
recount standards that would vary
from "table to table and county to
Afterward. Gore's legal advisers-
putting the arguments in the best-pos-
sible light - said Kennedy might have
been fishing for a way to conduet
Continued from Page 1.
the street bordering the vice president's residence, where
both sides have been gathering for weeks. Many were vet-
erans of the earlier high-volume rally when the court met
on this case Dec. 1.
Butmost were a little battle-weary, carrying dog-eared
signs and shouting in increasingly hoarse voices. As Cas-
cio, now practically a professional protester, put it: "We're
near the exhaustion point.:
Even so, neither side sounded ready to quit.
"The trouble is, the Republicans have a lot of bull-
horns, so you have to pretty much get close to them
and yell in their face," said Ben Dixon, a Washington
lawyer, raising his voice as Gore forces behind him
chanted, "GWB! GWB! How many votes can you steal
Fewer converged on the Supreme Court yesterday than
the last time the election came to the justices, when
throngs spilled across the street and jammed the Capitol
grounds. Anticipating the weariness of the rank-and-file,
activists worked to mobilize the faithful and build a
Registered Democrats in Washington received recorded
phone messages at their homes urging them to demon-
strate. And interest groups sounded the alert.
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Tye *oy 12/11
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