Thursday March 6, 2003 ©2003 The Michigan Daily Ann Arbor, Michigan Vol. CXIII, No. 104 One-hundred-twelve years ofeditoralfreedom TODAY: Partly cloudy during the day and flur- res by night- fall with winds from the south- east. H:28 LOW: 20 T*morrow 41132 wwwmihigandaily corn Students cut class to rally for peace By Emily Kraack ,n Daly StaifReporter Higher ed. to suffer further budget losses 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- es. 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- terday. "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 her budget-trimming recommendations today 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 education. "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 Legislature. 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 possible," Courant said. Last year, Vol tuition rose 7.9 percent in spite of steady state Mihiqan Highter funding to the Edurwursn BadgerUniversity, 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 complyXng sters of France, Germany and Russia rces in pledging to block the U.S.- solution. 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 of gender. "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,"' she said. 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 Let's dance 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 °decisions favoring groups across the entire political spec- trum. 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 gamble. "There's no doubt that (O'Connor is) the fifth and critical vote in many areas," University of Virgina law Prof. A.E. Howard said. 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 centrists. "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 By Maria-Sprow 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 Davis. "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- mative action. 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- orities." 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 JASON COOPERDaiy LSA sophomore Justina D'Agostini and LSA freshman Derek Skrzynski yesterday practice a dance move for the Greek Week Variety Show.