March 6, 2003
©2003 The Michigan Daily
Ann Arbor, Michigan
Vol. CXIII, No. 104
One-hundred-twelve years ofeditoralfreedom
day and flur-
res by night-
Students cut class to rally for peace
By Emily Kraack ,n
Higher ed. to
Those who turned out for yester-
day's "Make Art Not War" rally on
the Diag, part of a day-long, nation-
wide student strike, wanted to paint a
beautiful picture of peace - literally.
Protesters spray-painted anti-war
signs, read poetry against war and
violence and perfotmed protest
music. Members of the Royal Shake-
speare Company, now in residency at
the University, took a break from
official performances to show their
personal support for the anti-war
movement. Aboutl-50 spectators
turned out to support the performers.
The strike, titled "Books Not
Bombs," included academic lectures
on war and the Iraq situation as well
as poetry readings, documentary
screenings, debates and performanc-
Support for the strike came not
only from the students who cut class-
es to show anti-war sentiment but
also from supportive faculty. Eco-
nomics lecturer Frank Thompson,
also a lecturer in the RC, told his
political economy class that there
would not be a surprise quiz and pre-
pared a handout for students who
would be skipping his class. He said
about half of his class attended yes-
"It's people's democratic right and
duty to express themselves publicly
and they should not be penalized for
that by professors at a public univer-
sity. This goes back to the First
Amendment - the government can-
Granholm will announce
By Dan Trudeau
Daily Staff Reporter
Gov. Jennifer Granholm will
announce her proposals for $1.9 bil-
lion in cuts to balance Michigan's
state budget today.
A sizable portion of the cuts will
likely come from funding for public
universities and higher education
programs. In a series of town hall
meetings over the last few weeks,
the governor has asked citizens in
attendance to prioritize state spend-
ing - with grim results for higher
"In every instance in which
(Granholm) has asked citizens
where they would cut the first dol-
lar, those citizens have placed high-
er education near the top of the
list," Granholm spokeswoman Eliz-
abeth Boyd said.
The governor's recommendations
are subject to change by the state
The $363.3 million in state funds
originally allocated to the Universi-
ty for 2002 to 2003 has already
been reduced by 3.5 percent in
executive orders from Granholm
and former Gov. John Engler over
the past year.
University Provost Paul Courant
estimated that total cuts to Univer-
sity funding could amount to about
$36 million over the course of two
years should the additional cuts
Granholm will propose today be
approved by the state legislature.
"We'll try to cut costs and look
for other means of revenue and last-
ly we'll raise tuition, which I prom-
ise you will
be as little as
Vol tuition rose
7.9 percent in
Mihiqan Highter funding to the
indicating that increases this year
could be even more sizable.
Courant added that an additional
$50 million in new costs for next
year further complicate the Univer-
sity's economic position. As a
result, alternative sources of rev-
enue could be the University's sav-
ing grace, as community
partnerships and a large student
body offer opportunities that other
state universities do not have.
"The larger universities will be
able to weather the storm a little
more easily than the smaller ones,"
former state Sen. and 2002 guber-
natorial candidate John Schwarz
See BUDGET, Page 7A
Two students vowed to make art, not war, and painted a peace sign at the anti-war rally in the Diag yesterday. The'
demonstration was one event in a day-long student strike titled "Books not Bombs."
not prevent peaceable assembly," he ment.
said. "The role of art is to express the
RC senior Paul Kuttner, one of the truth about war as we see it," he said.
rally organizers, described the link "I think art reaches people in a way
between art and the anti-war move- that politicians and other forms of
Powell S am
nations, still not
WASHINGTON (AP) - Secretary of State eign mini
Colin Powell said yesterday that Iraqi leader joined fo
Saddam Hussein must not be allowed to split the backed res
world's nations into "arguing factions." Powells
Powell showed his concern about the increas- the three i
ingly defiant attitude of America's critics on the Saddam s
U.N. Security Council in advance of an expected with Secu
vote next week on a new resolution to authorize "He has
war against Iraq. ell said."
Leaders of several nations normally allied would arg
with the United States have said more time Powell
should be allowed for weapons inspections days whet
before any war, but Powell said the inspections he is in an
are futile. A State
He contended that Iraq's intelligence agency not referri
in late January had taken chemical and biologi- series ofe
cal agents "to areas far away from Baghdad near the anticip
the Syrian and Turkish borders in order to con- Meanw
AP PHOTO ceal them." war occur
rday that Saddam Powell spoke at the Center for Strategic and Prince Su
g factions." International Studies a few hours after the for-
communication don't." Kuttner is a
member of Act Out, the local activist
theater troupe sponsoring the "Make
Art Not War" rally.
See RALLY, Page 7A
sters of France, Germany and Russia
rces in pledging to block the U.S.-
said his problem with the position of
s that they have failed to recognize that
till has not made a decision to comply
rity Council demands.
s not made that strategic choice,'Pow-
"And I don't think any one of them
ue that he has."
added: "We will see in the next few
her or not he understands the situation
d makes that choice."
Department official said Powell was
ing to a military timetable but rather a
events in the next few days, including
pated Security Council vote next week.
hile, diplomatic sources said that if a
s, the U.S. Air Force will be able to use
Atan Air Base in Saudi Arabia. It will
See POWELL, Page 5A
Speakers connect war
to gender violence
By Sara Eber
Daily Staff Reporter
Exhibiting yet another facet of the
possible conflict with Iraq, a panel of
professors discussed issues surrounding
gender crimes associated with war. The
program, part of an ongoing series titled
"Women in the Aftermath of War,"
attracted both students and educators.
Speakers included anthropology doc-
toral candidate Nita Luci, American cul-
ture Prof. Andrea Smith, and Romance
language and literature Prof. Lucia
Suarez. While addressing seemingly
unrelated conflicts, each touched on the
prevalence of rape, and how gender con-
tinues to define many global conflicts.
Smith noted the connection between
the current "War on Terror" and issues
"There are certain assumptions that
people have about war ... that it's hap-
pening somewhere else. Consequently,
the gender crimes that are occurring are
always happening 'somewhere else,"'
As they prepare for a foreign war,
Americans should remember that there
See PANEL, Page 7A
Secretary of State Colin Powell said yeste
Hussein is splitting the world Into "arguing
Past year's cases show unpredictable court
By Jeremy Berkowitz
Daily Staff Reporter
When University lawyers go before
the U.S. Supreme Court in four weeks to
defend its race-conscious admissions
policies, they will argue their case in
front of nine justices who have been rul-
ing together longer than any other group
since the 1820s. The current panel
remains unchanged since Justice
Stephen Breyer joined in 1994.
But the Rehnquist court remains
unpredictable. While previous courts
tended to lean more or less in one politi-
cal direction, the
present court's cases
' ON TJAL from the past two
' terms consist of
groups across the
entire political spec-
The conservative faction of Chief Jus-
tice William Rehnquist, Justices Antonin
Scalia and Clarence Thomas and the lib-
eral faction of Justices Ruth Bader Gins-
burg, John Paul Stevens and Stephen
Breyer tend to hold. Justices Sandra Day
O'Connor, Anthony Kennedy and David
Souter stay more or less in the middle.
Kennedy tends to swing right more often
and Souter left, and O'Connor's vote is a
"There's no doubt that (O'Connor is)
the fifth and critical vote in many areas,"
University of Virgina law Prof. A.E.
The three centrist justices are often
the main targets of plaintiffs and defen-
dants. University lawyers said materials
in briefs and oral arguments target the
"There are some principles that we
think will apply to the moderates," Uni-
versity Assistant General Counsel
Jonathan Alger said.
But Northwestern University law Prof.
Victor Rosenblum said he is skeptical of
stereotyping the justices, saying they do
not always vote within their blocs.
See COURT, Page 7A
Changed debate casts new light on Bakke decision
Daily Staff Reporter
There's a saying that goes, "history never looks like histo-
ry when you are living through it," and the 1978 landmark
U.S. Supreme Court case University of California Board of
Regents v. Bakke could be considered a prime example of
how perceptions change with history.
In less than a month, the University will be asking the
nine Supreme Court justices to uphold the precedent set in
Bakke. In 1978, many considered the decision a step back
from the 1954 case Brown v. Board of Education, which
required primary schools to integrate. The court's decision
originally angered many civil rights activists and supporters
of race-conscious admissions.
The court's 5-4 decision ruled in favor of plaintiff Allan
Bakke, a white applicant to the University of California at
Davis Medical School, who the court ruled had been uncon-
stitutionally denied admission to the school. Bakke had
applied to the medical school twice - once in 1973 and
once in 1974 - but both times was rdjected because of the
university's quota system, which reserved 16 seats in each
class of 100 for minority and disadvantaged students.
The decision required the school to admit Bakke and that
universities stop using quota systems such as the one used at
"It was very controversial. It was originally thought of as
a defeat for affirmative action, because Bakke won his
case," Wayne State University law Prof. Robert Sedler said.
"It was only after careful reading that it was found out the
court had upheld affirmative action."
Much of the confusion over the decision came from the
way in which the court was split, University of Michigan
Law School Prof. Evan Caminker said.
In the majority opinion, four members of the court -
including current Justice John Paul Stevens and now-Chief
Justice William Rehnquist - ruled that Bakke's rejection
from Davis was unconstitutional because of the 1964 Civil
Rights Act, which banned racial discrimination. Those jus-
tices chose not to address the issue of racial quotas or affir-
The four dissenting justices, however, agreed with Davis's
argument, which stated that the quotas were needed in order
to remedy past discrimination and underrepresentation in
professional fields, such as medicine and law.
The pivotal tiebreaker came from Justice Lewis Powell,
who affirmed both- decisions, but only in part. In his deci-
sion, Powell ruled in favor of Bakke and against Davis's
admissions system. But he also said diversity was a com-
pelling state interest, and wrote that race could be used as a
plus factor in admissions.
"The primary argument at the time of Bakke was as a
"It was originally thought of as a
defeat for affirmative action,
because Bakke won his case:'
- Robert Sedler
Wayne State University law professor
means of remedying prior or existing racial discrimination.
And then there was a secondary argument about diversity,
the kind of argument that is basically being advanced now,"
Caminker said. "What the opinion did was reverse those pri-
Because the primary argument was not upheld, the deci-
sion angered many people across the country, including a
group of about 30 University students upset at the attack on
the quota system. They were worried that the decision
would undermine affirmative action programs and cause
people to believe that such systems were not needed.
The group rallied on the Diag and burned an effigy of a
Supreme Court justice, telling The Michigan Daily that
"quotas are in the heart of affirmative action and without
quotas you don't have affirmative action"
See BAKKE, Page 7A
LSA sophomore Justina D'Agostini and LSA
freshman Derek Skrzynski yesterday practice a
dance move for the Greek Week Variety Show.