-- The Michigan Daily -- Wednesday, March 28, 2001
NATION/WORLD
Administration vows to fight pu ling
RULING
Continued from Page 1.
"We think it's a very powerfully rea-
soiled opinion," Kolbo said. "I expect
many other courts across the nation
will'look at it."
University President Lee Bollinger
noted the sharp contrast between Fried-
man's decision and that of U.S. District
Judge Patrick Duggan in the nearly
identical suit filed against the College
of Literature, Science and the Arts.
In December, Duggan ruled that
LSA's current admissions policy is legal
but that the "grid system" used from
1995 to 1998 was unconstitutional.
"This is a district court holding that
the opinions of Justice Poweli, which
higher education has relied on for 23
years, was not and is not good constitu-
tional law," Bollinger said in a tele-
phone interview from San Diego.
"Judge Duggan held precisely the
contrary as has the 9th Circuit. We
believe those courts are right, that
higher education is right, that Presi-
dent Ford, General Motors, associat-
ed corporations and Colin Powell
were also right," he said, referring to
the numerous public statements of
support solicited by the University.
Friedman excused Bollinger,
Lehman and former Law School
Director of Admissions Dennis
Shields as defendants in the case
because they had "attempted to com-
ply with Bakke as they interpreted the
"This is a district court holding that the
opinions of Justice Powell, which higher
education has relied on for 23 years, was
not and is not good constitutional law."
- Lee Bollinger
University president
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decision, while still striving to fulfill
their admissions goals."
Although Friedman agreed diversi-
ty is a "laudable" educational goal,
he said the Law School's system fails
to achieve diversity in a way that is
fair to all applicants.
The Law School's consistent
enrollment of 10 percent to 17 per-
cent underrepresented minorities in
each class since the 1992 adoption
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4
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of the disputed admissions policy
constitutes an unspoken quota,
Friedman said.
"The fact of the matter is that
approximately 10 percent of each
entering class is effectively reserved
for members of particular races, and
those seats are insulated from com-
petition," he wrote.
Bollinger and other University
officials disagreed strongly with
this part of the decision.
"A quota is a policy of taking a
certain number of students regard-
less of their qualifications,"
Bollinger said. "We've made it clear
that the Law School takes race into
account only as a factor in a pool of
students ... that are clearly capable
of doing the work and graduating
and that means it can vary in num-
ber from year to year as it has."
In making his decision, Friedman
credited retired University of Minneso-
ta Prof. Kinley Larntz, the Center for
Individual Rights' statistician, with
providing "mathematically irrefutable
proof that race is indeed an enormously
important factor."
In a comparison of minority and
non-minority applicants with similar
undergraduate grade point averages
and Law School Admissions Test
scores, Larntz calculated the relative
odds of acceptance are greater for
underrepresented minorities.
Curt Levey, CIR director of legal
and public affairs, said the firm is
"deeply gratified by the decision."
"It went even further than we
hoped for by ruling not just that this
kind of diversity is not a compelling
governmental interest but even if it
were, the University's policy would
still be illegal because they haven't
bothered to consider less discrimi-
natory practices," Levey said.
Miranda Massie, lead attorney for
the student interveners, said Fried-
man's decision is not supported by
the testimony he heard.
"This opinion could have been
ghost-written by CIR," she said.
"The judge only engaged with the
evidence enough, to distort and to
graft onto it what was clearly a pre-
conceived, highly ideological oppo-
sition to affirmative action."
In the opinion, Friedman recog-
nized the "tragic" history of racial
discrimination in the U.S., as well
as its lingering societal affects, but
suggested it is not the Law School's
place to remedy this.
While Friedman recognized the threat
of a dramatic drop in underrepresented
minorities on campus if race-sensitive
admissions are climinated, he expressed
hope that this would not happen
"If undesirable consequences are
likely or even certain to occur, the
answer is not to retain the unconstitu-
tional racial classification but to
search for lawful solutions, ones that
treat all people equally and do not
use race as a factor," Friedman wrote.
Friedman offered alternatives to
race-conscious admissions to
encourage similar diversity, such as
the relaxation or elimination of
LSAT scores and GPA's in admis-
sion decisions -- which the inter-
venors argued are biased toward
non-minority applicants. He also
suggested reducing the preference
given to applicants who are related
to University alumni.
But Lehman argued that it was
demonstrated in the trial that "the
ideas that Judge Friedman mentions
in his opinion have been tried in
California and have failed."
Affirmative action was outlawed
in California through the passing of
voter initiative Proposition 209 in
1996. Affirmative action advocates
have often pointed to California to
show the negative effects of elimi-
nating race-conscious programs.
At a rally held yesterday outside
the Michigan Union, members of the
student intervention and the Coali-
tion to Defend Affirmative Action By
Any Means Necessary, protested the
decision and denounced Friedman as
a "segregationist, Jim Crow judge."
"Students on this campus are out-
raged by this decision and we will
not accept it," said LSA sophomore
and intervenor Agnes Aleobua.
University Deputy General Coun-
sel Liz Barry said the Law School
plans to file an appeal with the 6th
Circuit Court of Appeals in Cincin-
asked whether reports circulating x
answered in the affirmative.
WASHINGTON
Fenry's fate in hands
of Supreme Court
The attorney for Texas death row
inmate Johnny Paul Penry asked the
Supreme Court yesterday to overturn
Penry's sentence, contending that the july
in his case was not given a sufficient
chance to consider his mental retardation
when deciding whether to recommend
his execution.
Robert Smith told the justices that a
Texas trial judge had failed to give the
jury at Penry's 1990 sentencing trial clear
instructions on how to make a "reasoned
moral response" to Penry's disability, as
the Supreme Court had required in its
1989 ruling on a previous appeal.
The practical effect of the Texas
Mudge's "very obscure instruction," Smith
argued, was that the jury had no lawful
alternative to choosing a death sentence
for Penry, whose IQ has been measured
at 67. Penry was convicted of the 1979
rape and murder of Pamela Moseley Car-
penter.
China accuses U.S.
scholar of espionage
The Foreign Ministry yesterday
accused an American University-
based scholar detained in China
since mid-February of acting as a
paid spy for overseas intelligence
agencies and dismissed U.S. protests
over the treatment of her son as
unfounded.
The spying charge lodged against
the detained woman, Gao Zhan,
about Bush's remarks were true, he
seemed to complicate a case that has
already irritated U.S.-China rela-
tions at the start of the new Bush
administration. U.S. officials have
been especially upset about Chinas
treatment of Gao's 5-year-old boy,
Andrew, who is a U.S. citizen.
The boy was taken away from his'
parents and held for 26 days in
authorities have described as a kind-
garten before he was released. Ga&g
husband, Xue Donghua, was released,
at the same time.
WASHINGTON
Thompson favors
tobacco regulation
Secretary of Health and Human Ser-
vices Tommy Thompson, releasi4a
surgeon general's report describing the
toll smoking has taken on women, said
yesterday that he personally favors giv-
ing the Food and Drug Administration
regulatory authority over cigarettes.
The Bush administration has not
taken a position on the issue - and even-
chided Thompson just weeks ago for
speaking out on it before the president
does.
But Thompson, the former governor
of Wisconsin, is accustomed, like other
governors and CEOs in the new Cabi-
net, to being his own boss.
"Speaking for myself, I think tobac-
co should be regulated." he said during
a news conference with Surgeon Gen-
eral David Satcher.
The fodder for Thoiripson's remarks"
was the surgeon general's annual report
on smoking.
NEWS IN BRIEF
HEADLINES FROM AROUND THE WORLD
JERUSALEM
Two bombs explode in Jerusalem
Two bombs exploded in Jerusalem yesterday, wounding about 30 people and
killing an apparent Palestinian suicide bomber. Pressure quickly built on Prime
Minister Ariel Sharon to deliver on his campaign pledge to make Israel s
against Palestinian attacks. The bombs, the fourth and fifth since Sharon's el
tion Feb. 6, exploded about six hours apart. In the early morning, a car bomb det-
onated in Talpiot, an industrial zone in southeast Jerusalem. Islamic Jihad,a'
Palestinian underground group, took responsibility for the blast. The second
explosive went off at a busy intersection north of downtown. It was strapped to a
bus passenger who blew himself up as he stepped off the vehicle.
The lack of fatalities to bystanders brought expressions of relief among Israelis.
But coming a day after a sniper in the violent West Bank city of Hebron killed a
10-month-old Israeli child, politicians and common citizens began to wonder
when Sharon would retaliate in force. The second explosion went off while
Sharon was discussing the first with advisers.
From within his broad coalition cabinet, there were signs of impatien
Deputy Public Security Minister Gidon Ezra said that Sharon is talking toug'
than former prime minister Ehud Barak, but that is about the only distinction.
"There is no difference in the fact Jews are still being harmed," he declared.
WASHINGTON
Senate supports McCain's ban on soft money
The Senate signaled support for the soft money ban at the heart of campaign
finance legislation backed by Sen. John McCain yesterday amid fresh indications
that President Bush would sign the measure if it reaches his desk.
On a vote of 60-40, the Senate rejected a move by Sen. Chuck Hagel to 10
the loosely regulated donations - customarily five or six figure checks given the
political parties - without outlawing them.
"Our principal goal has been for a long time to get rid of soft money" Sen. Russ
Feingold (D-Wis.) exulted afterward. "This was the vote that got rid of soft
money."
The vote came as Sen. Conrad Burns (R-Mont.) confirmed reports that
Bush had told him he was prepared to sign the bill if it clears Congress,
despite longstanding misgivings about the elimination of soft money. In an
interview, Burns said he and the president had a "private conversation"
aboard Air Force One on Monday that he was reluctant to discuss. But
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M&iAtionship Of Command
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Life In The Gladhouse:
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