Friday, March 26, 2004
fights the Battle of the
An exploration of campus diversity ... Friday Focus, Page 12
Arts 8 'The Suffering' suffers
Sports 10 The Daily hockey writers
examine the NCAA regional
One-hundred-thirteen years ofeditorialfreedom
www.michigandaily.com Ann Arbor, Michigan Vol. CXIII, No. 121 @2004 The Michigan Daily
By Aymar Jean
Daily Staff Reporter
The petition to end race-conscious policies
in Michigan is technically invalid, a state circuit
court judge ruled yesterday. Paula Manderfield,
an Ingham County judge struck down a deci-
sion by the State Board of Canvassers, which
approved the petition. But MCRI, the petition's
sponsor, plans to overlook the decision and will
continue to collect signatures.
The Michigan Civil Rights Initiative is wag-
ing a campaign to end "preferences based on
race, ethnicity and sex" in public education,
employment and contracting. It needs 317,757
signatures by July 6 in order to place the ques-
tion about amending the state constitution on
The ruling invalidated MCRI's petitions,
which it has been circulating since mid-Janu-
ary, by stating that the board was incorrect to
approve the petition form last December. Man-
derfield said the petition must state the article
of the constitution that MCRI's amendment
It is still unclear what effect the court's order
will have on the campaign. MCRI campaign
manager Tim O'Brien said the group will not
alter its petition form and urged all circulators
to continue petitioning. BAMN, which is a
plaintiff in the case, and its lawyers say MCRI
will eventually have to redo their petitions to
comply with the court's decision, which could
slow down its campaign.
Officials from the Attorney General's office,
which represented the board in the case, have
yet to examine the decision but will soon con-
sult their client, spokesman Matt Davis said.
Since the lawsuit was against the board and not
MCRI, the responsibility to appeal rests on
Attorney General Mike Cox,
The case, litigated by the law firm Scheff
and Washington, concerns a formatting issue,
although the initiative's opponents say the issue
concerns the petition's content as well. The
plaintiffs argued and the judge concurred that
petition forms to amend the state constitution
must include the section of the constitution
they intend to alter or override, and they must
say so on the forms.
"If you try to amend the constitution, you
have to say so," BAMN attorney George Wash-
ington said. BAMN was joined by United for
Equality and Affirmative Action, the Michigan
Legislative Black Caucus and two local chap-
ters of the American Federation of State, Coun-
ty and Municipal Employees.
The back of the current petition form already
states it is a "proposal to amend the constitu-
tion," but it does not include the article in the
constitution it will amend.
Manderfield said the existing provision in
the constitution "is blatantly in direct conflict
with the new proposed (amendment)" and that
MCRI's amendment "boldly regurgitates lan-
guage of an existing section, with moderate
While MCRI claims this is a technical issue
that does not affect its campaign, opponents say
the constitutional language was deliberately
omitted in order to deceive the public. If MCRI
included the wording of the amendment, this
would compel them to acknowledge that the
constitution already guarantees equal protec-
tion under the law, opponents say.
Manderfield wrote in her decision that MCRI
"has made no secret about what the ultimate
goal is in seeking this amendment" The purpose
of the initiative, she said, was "in essence to
'undo' what the U.S. Supreme Court did in
upholding certain protections guaranteed by the
Equal Protection Clause."
See MCRI, Page 3
'U' will not
By Jameel Naqvi
Daily Staff Reporter
The University of Michigan Health System yesterday
refused to turn over any of obstetrician Timothy Johnson's
abortion records subpoenaed by the U.S. Department of Jus-
tice, saying none involved the Dilation and Extraction proce-
dure called a partial-birth abortion by its opponents.
On March 12, Johnson was ordered by Judge Avery Cohen
of the U.S. District Court in Detroit to look through UMHS
documents and surrender to him by yesterday any that were
's fras UMHS pertinent to the abortion
'As frprocedures. Cohen would
is concerned ... it's have sent the documents
to Judge Richard Casey
all over from oUr of the U.S. District Court
end' in New York, who would
have determined whether
- Kallie Michels they were relevant to
Spokeswoman, University of Johnson's case against
Michigan Health System the Justice Department.
Casey is scheduled to
hear legal arguments in Johnson's lawsuit on Monday. Due
to the actions of UMHS, Johnson's records will not be avail-
able to Justice Department attorneys for the hearing.
Johnson, along with seven other obstetricians and the
National Abortion Federation, is challenging the constitu-
tionality of the 2003 Partial-Birth Abortion Ban. Opponents
of the law argue that it makes no exception for cases in
which a mother's health or fertility may be endangered by a
pregnancy Currently, the legislation only allows exceptions
when a pregnancy threatens a mother's life.
Anticipating this line of argumentation, the Justice
Department subpoenaed Johnson's abortion records and
those of other plaintiffs last month. The government said
these documents were needed to establish Johnson's compe-
tence and whether he had performed D&E.
The actions of UMHS are consistent with Johnson's earli-
er denial that he had performed such procedures within the
past three years. But a UMHS statement released yesterday
stated that prior to Cohen's March 12 ruling, Johnson was
unsure whether he had performed D&E.
According to the statement, Johnson determined with cer-
tainty after reviewing UMHS records that he had "neither
performed nor supervised" any cases in which a fetus is
destroyed after partial delivery.
UMHS spokeswoman Kallie Michels said there is no
way for the Justice Department to independently deter-
mine whether UMHS had any relevant documents. "As
far as UMHS is concerned," she said, "it's all over from
UMHS lost its battle to block the subpoena when Cohen
issued his ruling March 12. At the time, UMHS claimed a
See ABORTION, Page 2
The sun rises on the. Fish Tuesay iomrning.Mlcbigan'sbaseball season opens today with a game against Oakland the flrst of a nine-gaine homestand.
M nine to hos Oakland on OpeningDy
By Ryan Sosin
Daily Sports Writer
It will be overcast and in the mid-60s at The Fish today,
with a mix of rain and peanuts pouring down from above. It is
a simple case of Opening Day weather on a baseball diamond.
"I'm really excited - It's great to be home," sophomore
shortstop Jeremy Goldschmeding said. "It's fun to travel
around, don't get me wrong. But up here, it's home; you
love to play at home."
The Wolverines (5-9) will open a nine-game homestand
against Oakland (4-8) at 3 p.m. today. The game will be
one of four for the Wolverines as part of the Michigan clas-
sic. Detroit (1-8) will join Oakland, as both will play the
Wolverines, twice over the weekend.
Last years opener with Central Michigan provided plen-
ty for the home fans to cheer about, as Michigan thumped
the Chippewas, 15-6.
The Golden Grizzlies are coming into the weekend rid-
ing a four-game winning streak. First baseman Michael
By Ashley Dinges
Daily Staff Reporter
Inside: See Opening Day lineups. Page 11.
Trosen took home Mid-Continent Baseball Player of the
Week honors for his three-run homer and two-RBI double
in a game against Ohio University last week.
"We can't take any of these teams lightly," said senior
pitcher Bobby Garza, who will pitch Saturday against Oak-
land. "We can't let anybody come into our place and push
Sophomore Derek Feldkamp will take the hill in the
opener for Michigan. The hard-throwing right-hander has
been solid out of the bullpen all season. Today marks just
the second starting nod of his career. "He's shown signs of
really emerging as a top-flight pitcher," Michigan coach
Rich Maloney said. "His fastball is really lively."
Today marks the first opening day in Ann Arbor for
sophomore second baseman Chris Getz and junior first
baseman Kyle Bohm, of whom both transferred here this
season. Getz will be the first player to step into the box for
the Wolverines after spending his freshman year at Wake
Forest. Despite his .255 average, he has swiped four bases
and driven in 12 runs. For Bohm, who came to Michigan
from Auburn, arriving in Ann Arbor provides an opportuni-
ty to show off his talent. He currently sits second in RBIs
and third in batting average for the Wolverine squad.
"I think it's great being here from Auburn." Bohm said.
"I get the chance to play every day."
Junior catcher Jeff Kunkel will also get his first opportu-
nity to step out from the shadow left by Jake Fox at home.
Known primarily for his glove, Kunkel has been crushing
the ball during the early portion of the season. His .395
batting average is second on the team.
"He's really been swinging the bat and he's been taking
charge;" Maloney said.
Inconsistencies have plagued Michigan thus far this sea-
son. It will need a combined effort from the offense, defense
and pitching staff to get on the winning track. "We have to
put whatever's happened behind us, the good and the bad,"
Garza said. "Our goal is to be ready for the Big Ten."
There is no place like The Fish to get started.
cuts to services
At age 13, Dallas Denny went to the library in her
Southern hometown and looked up the words "trans-
vestite" and "transsexual" in the library card cata-
logue. She found two results.
Yesterday, Dallas was present at the Harlan Hatcher
Graduate Library, where her personal collection of
4..,.... 1 rAA t:41 ra1nta t. -a - i -
By Kate Tomkie
For the Daily
For the second week in a row, don-
ning their signature yellow shirts and
armed with a list of demands, students
marched to the Fleming Administration
Building yesterday afternoon to protest
projected cuts in funding to and reor-
ganization of several student services.
Last week, about 50 students attend-
Affairs, the organization responsible
for projected cuts in several student
"The demands offer an opportuni-
ty for everyone's voice to be heard,
which was not necessarily possible at
the regents meeting," said Ramya
Raghavan, LSA sophomore and SVA
While the University has shown
symnathy for the recent student com-