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December 07, 2001 - Image 7

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The Michigan Daily, 2001-12-07

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The Michigan Daily - Friday, December 7, 2001- 7

HEARING
Continued from Page 1.
at the opening of the hearing.
Judges first heard arguments in Gratz v.
Bollinger, which challenges the use race in
admissions policies in the College of Litera-
ture, Science, and the Arts.
CIR is appealing the district court's decision
last December, in which U.S. District Court
Judge Patrick Duggan ruled that the Universi-
ty's current admissions policies are legally
sound, but the grid system that was in place to
evaluate students until 1998 was not.
Grutter v. Bollinger was argued next. The
University is appealing the decision by U.S.
District Court Judge Bernard Friedman that the
Law School's admissions policies were not
constitutional.
The court is expected to release its decision
sometime next year.
David Herr, who presented CIR's appeal in
the undergraduate case, said in his opening
remarks to the 6th Circuit Court of Appeals
that his firm was fighting to defend the rights
of "all students who were discriminated against
based on race."
CIR contended that the use of a point system
in LSA admissions was merely a thinly veiled
quota system.
"You don't have to call it a quota, you don't
have to call it reserved seats. ... The results are
identical. It functions the same way," Herr said.
The University argued that providing stu-
dents with a racially diverse educational envi-
ronment is a compelling government interest
and that the methods the University employs to
attain that level of diversity are fully constitu-
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tional.
"All students learn much better in a diverse
student body and atmosphere," argued Univer-
sity lawyer John Payton, "The three things
Judge Duggan took issue with, we stopped
doing."
Duggan ruled last December against the
University's use of a grid system to evaluate
candidates, automatic rejection of certain
applicants and use of protected seats.
Payton stressed that while the University
gives 20 points on a 150-point scale to black,
Hispanic and American Indian students, "acad-
emic matters count for 110 of those points."

A sign lies on the
wet brick of
Fountain Square in
downtown
Cincinnati
yesterday afternoon
during the rally
preceding the
hearing.
ALYSSA WOOD/Daily
"We don't seek a fixed number of spaces,"
Payton argued. "Having merely token numbers
of minority students simply is not adequate."
The judges questioned all sides about what
constitutes a critical mass of students.
"The answer is not a number; it's an educa-
tional reality," Payton said. "You know when
the students in your student body don't see
themselves as symbols but as members of their
community."
"We have a pool of minority applicants that
is so small that it forces us to admit nearly all
qualified applicants," Payton admitted.
Ted Shaw, head counsel for the LSA inter-

venors, who represent the interests of minority
high school students, reiterated the need for affir-
mative action to reverse past discrimination.
"Affirmative action didn't spring from the
soil, it didn't materialize from thin air. It did
not suddenly dawn on the University in the
'60s and '70s," Shaw said.
The University implemented affirmative
action fully aware that minorities had not had
the same opportunities, Shaw argued.
Herr rebutted the intervenors' claim that
affirmative action was necessary to right past
wrongs. "We don't think there is a remedial
claim," he said. "The remedy for that is not
more discrimination."
"The University did not embark on affirma-
tive action to reverse past discrimination by the
University of Michigan," Herr added.
The 70 minutes allotted to the LSA case
were followed by 40 minutes of arguments in
the case involving the Law School. Payton
again represented the University. Kirk Kolbo
represented CIR, and Miranda Massie repre-
sented the intervenors.
Judge Alice Batchelder asked Payton if
plaintiff Barbara Grutter were a black woman
whether she would have been accepted to the
Law School.
"If Barbara Grutter were black, she would
have a whole different set of life experiences,
and therefore the answer would be yes," Payton
said, stressing that race stretches across socio-
economic borders. "Race affects the black
woman whether she is in Grosse Pointe or the
inner city. ... You're not immune to the effects
of race just because you are in good economic
circumstances or poor economic circum-
stances."

Massie argued that affirmative action is nec-
essary to remedy past discrimination as well as
increase diversity on campus. She presented
boxes filled with more than 50,000 signatures
in support of affirmative action.
"The petitions express what is so fundamen-
tally important about integration, they express
that the majority of Americans want the law on
this question to speak the truth," Massie said in
her opening statement.
"Until we reach a point where we have rough
proportionality, we haven't come far enough,"
Massie said.
CIR argued that the Law School's admis-
sions policies, which were struck down in
March by U.S. District Judge Bernard Fried-
man, ignore qualified white applicants in favor
of minority candidates.
"What we have here is a double standard in
admissions. Justice Powell did not approve of
that," Kolbo argued.
All three sides were in good spirits following
the hearing.
"The court zeroed in on all the major prob-
lems with the University's case," said Terence
Pell, director of CIR.
Pell said that although the University has
made "cosmetic" changes to its admissions
system, they remain unconstitutional. "They all
raise the same legal issue. ... The University
has tried to elevate form over content.
"The hearing made clear how devastating the
facts are for the University," he added.
"I'm glad to have gone through another
step in the process. It's a long process," said
Grutter, the plaintiff in the Law School case,
after the hearing. "We all just have to wait for
the ruling."

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The Rev. Fred Shuttlesworth, a Cincinnati civil rights advocate, rallies the crowd In Fountain Square before the court hearing.

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RALLY
Continued from Page 1
affirmative action, joined ralliers on
the skywalk where the stage was set
up. Byrd said Wilson told police that
protesters grew angry at his arrival,
ripping the sign from his hand and
threatening to throw him over the edge
of the balcony.
Police closed off the balcony follow-
ing the incident but said Wilson decid-
ed not to take any legal action against
the demonstrators.
"He has every legal right to be here,
holding that sign. He's exercising his
rights like everybody else," Byrd said.
Standing in the thick of a group of
people in the square was Jon Cramer, a
2001 University graduate and Cincin-
nati attorney.
"This is like a little piece of the
Diag in Fountain Square," he said. "I
was following this issue at the Univer-
sity of Michigan and I wanted to see
what it was like here, especially in
such a different atmosphere."
Some of the people donning ponchos
and enduring the rain were not part of
the movement but came to the rally as a
learning experience. "I can see there's

"To a degree affirmative action is racism,
but it's the lesser of two evils.'
- Jayson Robertson
University of Cincinnati sophomore

real passion. I'm definitely sympathet-
ic; said Eastern Michigan University
sophomore Katie Belamucki, who trav-
eled to Cincinnati with a class.
Others shrugged off the weather. "If
it was hot, cold, snowing, you still
gotta fight," said University of Cincin-
nati sophomore Jayson Robertson.
Robertson added he could see some of
the points of some of the opponents of
affirmative action.
"To a degree affirmative action is
racism, but it's the lesser of two evils,"
Robertson said. "We had to fight for
everything we wanted.... If we didn't
have the system, we would literally
have nothing."
Students at Purcell-Marion High
School in Cincinnati attended the rally
on a school field trip. Megan Ware, a
high school junior, said her history
teachers have been discussing the mer-
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An older generation of activists
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to a new generation.
"It's great to see a new group of
people who are, I hope, committing
themselves to a fight that defines the
highest principles of democracy," said
Chester Grundy, director of African-
American student affairs at the Uni-
versity of Kentucky. Grundy said he
drove to Cincinnati with about 20
University of Kentucky students and
faculty.
Recalling a quote by author Franz.
Fanon that every generation must find
its mission and either fulfill or betray
that mission, Grundy said, "I hope this
is a generation finding its mission."

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PEARL HARBOR
Continued from Page 1
84, watched from the USS Ramsay on Dec. 7 as the torpe-
doed USS Utah capsized and sank.
"The whole world changed for us," said Phillips, who is
from Easton, Md.
The world changed again for Americans after terrorists
attacked New York and Washington on Sept. 11. And
among this week's visitors to Pearl Harbor were people con-
nected to that 21st-century day of infamy.
Emergency workers from New York, here as guests of the
state and merchants, met Pearl Harbor survivors at a recep-
tion on Monday.
"To me, it was like a dream come true," said firefighter

Bruce Vannosdall, 46, whose squadron lost six members at
the World Trade Center and whose father fought in World
War II. "It's a total honor."
This anniversary is probably the last that will be attended
by a large number of survivors, said Harry Butowsky, a his-
torian for the National Park Service in Washington.
"They just took life and they lived it to its fullest,"
Butowsky said. "They had terrible memories, but they got
over it. They didn't live their lives with hate."
Even today, Hank Freitas, who was on the USS Tangier, a
seaplane tender tied up next to the USS Utah, gets emotion-
al being near the scene of the attack.
"I cry," said Freitas, 80, of Walnut Creek, Calif. "I was
out at Pearl Harbor yesterday and I cried from the time I got
there to the time I left."

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INTERVIEWS
Continued from Page 1
action against those who decide not to
conduct an interview, the possibility
that they could has been a factor in
people's decisions.
"I guess people want to take care of it
and get on with their lives," Basha said.
"They fear they will be investigated ...
so they go through with it, even if there
is a shot at their dignity."
He said there is a view within the
United States that the Muslim and
Arab communities are angry with the
government over civil liberties con-
cerns, but - in Ann Arbor, at least -
that has not been the case.
Actions carried out by southeastern
Michigan officials have helped in
reducing the confusion and anxiety felt
by the Muslim and Arab community,
Rach' c isA

word about the negotiated deal. Every-
body wants to be the best prepared."
Federal authorities, local police and
community members reached a con-
sensus at a closed-door meeting Mon-
day permitting the remaining
interviewees to decide where the inter-
view would be held and who would be
present. Community members request-
ed that Ann Arbor police officers be
present at the interviews. The Univer-
sity Department of Public Safety last
week announced that its officers would
not participate in the interviews.
Ahmad said the climate in the com-
munity has not changed significantly
since Monday's meeting, and many
have been reluctant to make a decision
because they have not been fully
informed about the process.
"We're not recommending either
way - just providing as much infor-
mtinn n, oc ihce _ _ _ ased an our

ity that later they will come around
and harass you," Ahmad said.
Approximately 80 letters have been
sent from the FBI to University students
and Ann Arbor residents of Middle
Eastern descent between the ages of 18
and 33 who have entered the United
States on student, business or tourist
visas since January 2000. The letter
requested a response by Tuesday, but the
deadline was extended to next Monday
to allow community members to inform
interviewees about their civil liberties.
Ahmad said many men who have
chosen to conduct the interview have
requested that he and an attorney be pre-
sent. "If they ask inappropriate ques-
tions in front of us, we will go back to
the community," Ahmad said. "But
we're confident that they will stick to it."
The Ann Arbor mosque, intervie-
wees' homes and the Muslim Student
Aceiation office in the Michigan

_J

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