One hundred ten years ofedtorialfreedom NEWS: 76-DAILY CLASSIFIED: 764-0557 wwwmichigandaity.com Wed nday March 28, 2001 ~rr~ .~ ~ ~ ~ ,.......,~.. ~ - - - Law School rd ... ruled illgal By Anna Clark and Jon Fish Daily Staff Reporters Rejecting the University's defense of its affirmative action policies, U.S. District Judge Bernard Friedman struck down the Law School's use of race as a factor in admissions, declaring that student diversity is not a compelling state interest. Friedman also refuted the arguments of student intervenors in the case, ruling further that a race con- scious admissions system cannot be used to remedy past discrimination, nor "level the playing field" between minority and non-minority applicants. Law School Dean Jeffrey Lehman, in a telephone interview from Berkeley, Calif, expressed great disap- pointment over the decision. "This is not only a rejection of the University's argu- ments, but a rejection of two decades of settled under- standing within higher education," Lehman said. The crux of Friedman's decision is his interpretation of the 1978 U.S. Supreme Court decision, University of California Regents vs. Bakke. Racial quotas were outlawed in the case, but Justice Lewis Powell, writing only for himself, endorsed the use of race as a "plus factor" to achieve racial diversity. But since no other justices joined Powell on this par- ticular point, Friedman said, Powell's opinion cannot be interpreted as the controlling opinion in the case. Kirk Kolbo, lead counsel for the Center for Individ- ual Rights, the Washington D.C.-based firm represent- ing plaintiff Barbara Grutter, said he expects to see the decision influence other cases. See RULING, Page 2 Yesterday's ruling contrasts sharply with the decision handed down 3 months ago in the LSA case. Two decades later, the exact meaning of the landmark Bakke case remains to be determined. Excerpts from yesterday's ruling. Page 12. tSUVANW U'UUNNELL/ Uadi Second-year Law students Nicholas Smith, Irvin Tyan and Steve Sielatycki converse in the Law Quad yesterday about the verdict handed down by U.S. District Judge Bernard Friedman striking down the Law School's race-conscious admissions policy. ents shoke d eci sin By Elizabeth Kassab Daily Staff Reporter The title of the e-mail said it all: "Bad news." As word of yesterday's ruling against the use of in the Law School's admissions policy circulat- ed through the Law Quad in the form of an e-mail from Dean Jeffrey Lehman, David Singer was only one of many students caught off-guard by the news. "Regardless of whether or not Law students sup- port the policy, everyone is standing behind the Law School administration and the University," said Singer, a first-year Law student. "Certainly the vast majority are behind the Uni- versity," agreed second-year Law student Sam Tuttle. While everyone who already attends class in the Lv Quad doesn't have to worry about a possible n race-blind admissions policy, many expressed fears of U.S. District Judge Bernard Friedman's ver- dict's immediate effects on the school. "I'm concerned that it's going to affect recruit- ment," third-year Law School student Chris Lynch said. "I think it's going to be discouraging for "Certainly t vast majority are behind the University." - Sam Tuttle Second-year Law student prospective students." But there were a handful of students who did not view the ruling as a disaster for the Law School and the University. There are students who do not fully agree with the Law School's admissions policies, but "no one admits to their ambivalence," said first-year Law stu- dent Ken Plochinski. "I have to agree with the verdict," said one second- year Law student who asked not to be identified. "I do believe in equality. I just differ in how to achieve that." "Racial bias must end in all forms, and I view affirmative action as a continuation of racial bias in some form," he said. "Affirmative action programs infringe on my civil rights, and for that reason I do not accept it." But whatever their views on affirmative action, everyone did agree on one important point: The issue is far from being over. "This is a case that is destined for the Supreme Court," said Law School Assistant Dean Charlotte Johnson. Johnson and Associate Dean Christina Whitman held a meeting with students, faculty and staff yesterday evening to discuss the the ruling. More than 100 people crowded into a Hutchins Hall lecture room to voice their support for the Law School's admissions policies and discuss their con- cerns about the decision's implications. "We're not ready to sit down and say, 'We give up,"' Johnson assured the audience. And while there may be a long way to go, many students admitted that losing the first phase does come as a significant setback. See REACTION, Page 7 BRENDAN 'DONNELL/Daily LSA sophomore Agnes Aleobua, a member of the student intervention, expresses outrage over the ruling at a press conference in front of the Michigan Union. Bush visits Kalamazoo to gain support for tax cut, By Louie Meizlish Daily Staff Reporter " a , l.Am, ".. . budget plan - Michiganians understand that and I think F S that's why he came here" he said. Bush also emphasized his belief in an education system that is results-oriented. "We must hold schools accountable and give parents better options if our schools fail to teach," he said. KALAMAZOO - In an appearance at Western Michigan University yesterday, President Bush attempted to enlist Michigan residents to help him drum up support for his tax cut and budget plan. "This is an issue of trust as far as I'm con- cerned and I trust the people," Bush said. The president spoke for about half an hour urging an audience of about 1,000 to contact Michigan's two Democratic senators, Carl Levin and Debbie Stabenow, and ask them to support his $1.6 trillion tax cut plan. Both have expressed disapproval. The tax plan has been approved by the House of Representatives but faces an uncertain fate in the Senate, where there is an even split between parties. "We have made progress. But there's a lot of work to be done. And I'm here to ask for your help. If you like what you hear, you're only an e-mail away from letting two sena- tors know what you think," he said. -mirwmea rax reiw good news. But tax relief that gets yanke away next year is noi good news." - President Bush America and some industries are doing bet- ter, but the trend is clear, and the need for action is urgent," he said. For that reason Bush said the tax cuts he proposed should not only continue in the future but also be made retroactive to the beginning of the year. "Immediate tax relief is good news. But tax relief that gets yanked away next year is not good news," he said. Lt. Gov. Dick Posthumus said Michigan was a fitting place for Bush to talk about his Touching on the power crisis in Califor- nia, the president said he plans to develop a national energy policy based on maximizing supply and increasing conservation. But a system of price controls, which is employed in California, he said, is not acceptable. "Price controls do not increase supply, and they do not encourage conservation," he said, adding "Price controls contributed to the gas lines of the 1970s." Reactions among the largely Republican audience were overwhelmingly favorable. "I think it's time for us to have a tax cut and I think Congress has got a job ahead of them ironing out the details but I think he is on the right track," sad Jan Jones, a self- employed math teacher. ;.