The Michigan Daily - michigandaily.com
SUPREME COURT
From Page 1A
ing that Proposal 2 is unconsti-
tutional based on the fact that it
primarily harms minorities by
reordering the political process
and placing undue burden on
them.
"Because less onerous avenues
to effect political change remain
open to those advocating consid-
eration of non-racial factors in
admissions decisions, Michigan
cannot force those advocating
for consideration-of racial factors
to traverse a more arduous road
without violating the Fourteenth
Amendment," Cole wrote. "We
thus conclude that Proposal 2
reorders the political process in
Michigan to place special burdens
on minority interests."
Law Prof. Mark Rosenbaum,
who helped argue the case on
behalf of the plaintiffs, said he
was overwhelmed by the decision
and excited about its implications.
"It's a landmark civil rights
issue," Rosenbaum said. "It is
not about the constitutionality of
affirmative action; it is a bigger
story than that. It's about access
to the political process. It is about
whether or not a popular initia-
tive can cut minorities - people
of color - out of the political pro-
cess."
Rosenbaum said even if the
defendants, including Schuette,
appeal the decision, the ruling
will take immediate effect, mean-
ing the University could choose to
use race as a factor in admissions
decisions.
In a statement, Schuette said
he intends to appeal the decision
to the U.S. Supreme Court on
6TH CIRCUIT
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California."
Cohen said the Supreme Court
is not sympathetic to race-based
admissions, and would reverse
the 6th Circuit decision should
they decide to take up the case.
"The likelihood that they will
pick up the case is 97 percent,
I'd say, maybe 98," Cohen said.
"There's no likelihood of their
i turning it down. It's absolutely
made for them -.that's their job.
Their job is to resolve conflict
between the circuit courts."
Regent Julia Darlow (D-Ann
Arbor) said in an interview at
Thursday's meeting of the Uni-
versity's Board of Regents that
she expects the Supreme Court to
take up Proposal 2, but is never-
theless pleased with the 6th Cir-
cuit's decision.
"It's a very compelling issue
and I think it'd be a very, very
important development for equal
justice everywhere."
Regent Martin Taylor (D-
Grosse Pointe Farms) said he not
only expects the Court to take up
the case, but is pessimistic about
what he thinks their decision will
be.
"I don't know if I'd say optimis-
tic," Taylor said. "Not with this
Supreme Court, maybe with a few
more appointments by our new
president maybe I can be a little
more confident."
Cohen said despite some out-
spoken University support for
affirmative action policies, he
doesn't expect Thursday's deci-
sion to have a significant effect on
the University's admissions pro-
cesses.
"I think the immediate impact
on the University of Michigan
is nil, except that they will be
watchingverycloselyof course, at
what happens at the United States
Supreme Court."
He added that for that reason,
the University is not likely to take
action in response to the decision.
"The University of Michigan
is very unlikely to re-introduce
preferences only to have the rug
pulled out from them again,"
Cohen said. "So my guess is that
(University leaders) will be saying
MOORE
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ip Hanlon said. "It's one of the gems
of the University and this renova-
tionisverysorelyneeded.".
The regents also approved a
request from Christopher Kendall,
the dean of the School of Music,
Theatre & Dance, to name the
addition to the Moore Building as
the basis that the Michigan Civil
Rights Initiative - the amended
section of the constitution that
effectively banned affirmative'
action - is not only constitution-
al, but also approved by a majority
of Michigan voters.
"MCRI embodies the fun-
damental premise of what
America is all about: equal oppor-
tunity under the law," Schuette
said. "Entrance to our great uni-
versities must be based upon
merit. We are prepared to take the
fight for quality, fairness and the
rule of law to the U.S. Supreme
Court."
In order to have the case heard
at the Supreme Court level,
Schuette must file a petition
of certiorari within 90 days of
Thursday's decision.
In his dissenting opinion,
Judge Danny Boggs drew on the
fact that Proposal 2 was enacted
by voters to make his case.
"We have the citizens of the
entire state establishing a prin-
ciple that would, in general, have
seemed laudable," Boggs wrote.
Boggs also wrote in the dis-
sent that the majority's case was
a stretch and relied on tenuous
precedent. He responded to the
majority's assertion that admis-
sions decisions fall within the
jurisdiction of political processes,
contending that such an argu-
ment does not have historical
backing and that Proposal 2 is
inherently not discriminatory.
"Under these circumstances,
holding it to be a violation of equal
protection for the ultimate politi-
cal authority to declare a uniform
policy of non-discrimination is
vastly far afield from the Supreme
Court precedents," Boggs wrote.
In a statement, University
to themselves, 'Let's just see wait
and see how it comes out in the
Supreme Court.'"
Michigan Attorney General
Bill Schuette already said he
plans to appeal the ruling to the
U.S. Supreme Court. Cohen said
he expects the Supreme Court
to take up the case, despite the
fact that it has already heard oral
arguments for another affirma-
tive action case this year.
In October, litigants in Fisher
v. University of Texas, anoth-
er affirmative action case, in
which the court will determine
if the use of race in undergrad-
uate admissions decisions is
legal under the Equal Protec-
tion Clause of the 14th Amend-
ment, presented their arguments
before the court, which'has not
yet issued a decision.
Many, including Cohen,
expect the Court to rule in favor
of Fisher, at least in part, and
therefore against the use of affir-
mative action.
Therefore, even if the Supreme
Court doesn't take up Proposal2,
the state still may be legally for-
bidden from considering race in
university admissions.
The .state and the University
itself have a tenuous relationship
with affirmative action policies.
Race-based admission prac-
tices began at the University in
1987, in response to widespread
campus activism for increased
diversity.
"Affirmative action" was first
introduced as atermby President
John F. Kennedy in 1961, and first
realized under President Rich-
ard Nixon, who adopted the Phil-
adelphia Plan. The policy, which
required equal opportunity for
minority employment by federal
contractors, is now widely con-
sidered the first major affirma-
tive action program.
However, affirmative action
was slower to hit the University's
campus, and was the outgrowth
of years of protests by and on
behalf of students of color on
campus. The Black Action Move-
ment advocated for increased
commitment to minority enroll-
ment in 1970, 1975 and again in
1987. Then-University President
James Duderstadt responded to
the demands of BAM and oth-
the "Brehm Pavilion" in honor of
their contribution.
Jerry May, the University's vice
president for development, also
praised the Brehms at the meeting
for their support of previous proj-
ects such as the Kellogg Eye Cen-
ter and endowed professorships.
"The Brehms leadership
through this has been extraor-
dinary," May said. "It's been so
heartening to see the Brehms
spokesman Rick Fitzgerald said
the University is reviewing the
decision, but because there are
multiple lengthy opinions, it
could take some time to fully
understand the ruling's implica-
tions.
George Washington, an attor-
ney for By Any Means Necessary
- a pro-affirmative action group
that helped argue the case before'
the court - said he would like to
see a turnaround from the drop in
minority enrollment as a result of
the decision.
"It is a tremendous victory for
blak and Latino students and
for the movement that fought
for. affirmative action for many
years," Washington said. "It
means that thousands of black,
Latino and Native American stu-
dents who would not have the
chance to go to our most selec-
tive colleges will now have that
chance."
Cohen said the majority opin-
ion is incorrect in its assertion
that Proposal 2 violates the Equal
Protection Clause because it plac-
es an undue burden on those who
seek preference, adding that the
opinion is based on ludicrous, cir-
cuitous logic.
"The argument upon which
the 6th Circuit Court of Appeals
based its reversal is absolute-
ly unbelievable," Cohen said.
"That's really acrobatic, that the
constitutional amendment that
says you may not give prefer-
ences violates the constitutional
amendment that says you may not
give preference."
Daily News Editor Andrew
Schulman and Daily Staff
Reporter Peter Shahin
contributed to this report.
ers with the Michigan Mandate,
which began the University's use
of race in admissions decisions.
The mandate was effective,
and minority enrollment went
from 12.7 percent in 1986, to
more than 25 percent in 1997.
Since Proposal 2 became
effective . in December 2006,
undergraduate minority enroll-
ment decreased by about one-
third.
"We're going to reverse that
now," George Washington, a
lawyer for By Any Means neces-
sary - a pro-affirmative action
group that helped argue the case
before the court - said of the
minority enrollment figures.
In 1998, the University insti-
tuted a point system for use to
assess undergraduate applicants,
which awarded 20 points to
underrepresented ethnic groups
and 12 points for a perfect ACT
score.
In 2003, the Supreme Court
ruled in two cases involving the
University's use of race-based
admissions. In Grutter v. Bol-
linger, the court ruled that uni-
versities may use race as a factor
among many in reviewing stu-
dent applications, upholding the
University Law School's admis-
sions process. The Court's rul-
ing in Gratz v. Bollinger, handed
down on the same day, declared
the College of Literature, Sci-
ence and the Arts use of a points
system in admissions uncon-
stitutional because it was not
narrowly tailored to achieve a
compelling interest.
Both cases came after students
who did not earn admission to
the University filed lawsuits.
Barbara Grutter filed suit against
the Law School in 1996. Jennifer
Gratz and Pat Hamacher were
not admitted in 1995 and 1997,
respectively.
With the help of Jennifer
Gratz, the plaintiff in Gratz v.
Bollinger, Proposal 2 got onto
the Michigan ballot in 2006, and
was voted into law. The proposal
amended Michigan's constitu-
tion to ban the use of affirma-
tive action in admissions and
employment decisions.
Daily Staff Reporter Peter
Shahin and Daily News
reach all of the areas they care so
much about."
The regents also approved mul-
timillion-dollar renovations for
the William L. Clements Library,
the basement of the College of
Pharmacy, a part of the North
Campus Research Complex, a
utilities tunnel under South Uni-
versity Avenue, and a $6-million
paint and steel replacement for
Michigan Stadium.
GAZA
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through art.
Later in the day, after the art-
ists packed up their canvasses,
a collection of pro-Palestinian
demonstrators congregated on
the steps of the Harlan Hatch-
er Graduate Library to hold a
peaceful protest against the cur-
rent violence in the Middle East.
LSA sophomore Jeremy Bori-
son - a board member of Ameri-
can Movement for Israel, the
largest pro-Israel group on cam-
pus - helped organize the Spray
Painting for Israel event, which
was scheduled to occur two
weeks ago but was postponed
due to Hurricane Sandy.
Borison said though the
spray-painting event was not
planned in response to the
recent events in Israel and the
Gaza Strip, he believes more
students stopped by to paint the
canvasses as a result.
"Both sides are suffering;
both sides are angry," Borison
said. "We think this is a great
way - even though it's from the
pro-Israel group and can seem
one-sided - we think this is a
great way for people to express
themselves, just show their
emotions."
Though many individuals on
campus have conflicting views
on the issue, Borison said the
murals provided a way for both
sides to come together and
express themselves in a nonvio-
lent way.
"You know we all have dif-
ferent opinions, we all have our
different views, but we really
want to promote peace and pro-
mote unity on our campus in the
future," he said.
LSA junior Molly Rosen, the
president of I-Lead, a pro-Israeli
group on campus, said the graf-
fiti artists represented a side of
Israel not typically portrayed by
the media, adding she believes
the messages they expressed
were extremely moving.
"I think Israel is often asso-
ciated with war and violence,
and there's so much more to
LYNCH
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teaching is another reason that
I've been drawn to higher edu-
cation."
Lynch added that he looks
forward to raising his family in
Ann Arbor. Early in his career,
Lynch was a law clerk in Michi-
gan for University alum Cor-
nelia Kennedy, a U.S. Court of
Appeals Judge, and he said he
has been looking for way to
come back.
"It wasn't a hard choice at
all," he said. "It's just a fantas-
tic university, and I'm really
thrilled to be a part of it."
REGENTS HEAR UNION
RENOVATION PROPOSAL
During the public comments
session, LSA junior Louis
Mirante asked the regents to
consider a proposal to renovate
the University's unions and
recreation centers.
Mirante - a member of
Building a Better Michigan, an
advisory group composed of
students and administrators
dedicated to promoting and
researching campus improve-
ments - said the regents'
opinions will play a critical
role in guiding the group's
next steps.
The $60-million plan would
consist of a 20-year, three-
stage process that would be
focused on upgrading recre-
ational facilities and enhanc-
ing campus unions. During
fall break, the group traveled
to Ohio State University, Pur-
due University and Indiana
University-Purdue University
Indianapolis to generate ideas
for the plan based on the facili-
ties of other campuses. The
group has also worked with
students on campus to gauge
public interest through a series
of polls and discussions.
Mirante said working col-
laboratively with University
administrators will be a key
part of bolstering the program
moving forward.
"We're really trying to be
partners in this going for-
ward," Mirante said. "I think
there is a large probability that
this will eventually be success-
ful. It needs to be successful,
and I think the regents recog-
that than just what you see in
the news," Rosen said. "I think
this is an important example of
that."
During the subsequent pro-
test, about 50 students held
signs and Palestinian flags on
the steps of the library, while
others read poems and told
personal stories of friends and
family living in the Gaza Strip.
Shortly after 5 p.m., the group
held a candlelight vigil, circling
around a collection of candles
that spelled out "Gaza," where
the students prayed and stood
in silence.
One student painted the Pal-
estinian flag on the cheeks and
hands of attendees.
LSA junior Suha Najjar said
she woke up Thursday morning
to distressing Facebook statuses
from her sister, who lives in Gaza
with her mother and brothers.
"She said ... 'I'm really scared,
I've never been in a war, may
God protect us. Goodbye every-
body you may not see me again.'
And she's 12 years old," Najjar
told the crowd of about 200 peo-
ple that gathered to observe the
events.
"Israelis bring their toys to
Gaza and play with us the hard
way," LSA junior Farah Erzouki
said, reading from a poem enti-
tled "To My Unborn Son," which
her friend Nader Elkhuzunder, a
student currently living in Gaza,
sent to her.
LSA senior Joe Varilone - a
member of Students Allied for
Freedom and Equality, the Uni-
versity affiliate of the national
organization Students for Jus-
tice in Palestine - said the dem-
onstrators wanted to make the
point that violence and bomb-
ings will ultimately compound
the problems between Israel
and the Palestinians, not solve
them.
"We don't want a repeat of
what happened in January of
2009 in which 1,400 Palestin-
ians died," Varilone said, refer-
ring to the three-week war
between Israel and Hamas. "I
think generally people (on cam-
pus) are in support of our mes-
sage that violence and airstrikes
nize that."
Though Mirante is opti-
mistic about the project, he
acknowledged that it will likely
be a long-term effort.
"I would not expect any-
thing to happen immediately,
as it shouldn't, because this is
a large commitment," Mirante
said.
REGENTS DISCUSS
GROWTH OF NCRC,
APPROVE $17.5-MILLION
RENOVATION OF NCRC
Nearly four years after the
University first purchased the
2.2 million square-foot North
Campus Research Center from
Pfizer, the building now boasts
a staff of 1,700, an uptick from
the 1,423 employees in July.
To accommodate for the
growing staff and influx of
projects, the regents approved
a $17.5-million renovation that
will account for upgrades to
approximately 68,000 square
feet of the building. The area
will be appropriated for use by
the Medical School.
The overhaul comes on the
heels of a $13.7-million reno-
vation for a portion of the
NCRC used for health services
research, and the University
Friday, November 16, 2012 - 3A
aren't going to solve the prob-
lems in the Middle East."
LSA senior Ahmad Hasan,
an executive board member
of SAFE, gave an impassioned
speech in which he said the
mainstream media is ignoring
the death of Ahmad Abudaqqa,
a 13-year-old boy killed by
Israeli forces. He said the boy's
death was a catalyst for the cur-
rent fighting between the two
groups, and he wanted to inform
students about this event.
"In this particular inci-
dence, the mainstream media
is portraying, as usual, Israel as
defending itself when, in reality,.
if we look at the actual facts on
the ground, it always starts with
an instance where a Palestinian
civilian was killed," Hasan said
in an interview after the event.
During the event, protesters
held signs that read "Casualties
Should Not be Casual," "Pillars
of Defense' Kills Children," and
"Gaza Strip is Getting Bombed
Obama Didn't Say Shit."
The language used on the
signs led LSA sophomore Adam
Molnar to spark a discussion
with the group of demonstra-
tors on the steps, but he eventu-
ally left the protest. Molnar said
he didn't understand whya self-
proclaimed peaceful protest
would hold signs with words
such as "attack," "ethnic cleans-
ing," "murder" or "bomb" writ-
ten on them, which he believed
was counterintuitive to what
the goals of the group.
"Both sides have innocents
killed, so instead of putting your
effort into trying to get people
to come to your side, why not
put your effort to eliminate the
sides and create one?" Molnar
said.
LSA sophomore Will Schrier
said he was glad that the stu-
dents were willing to demon-
strate their strong beliefs, but
questioned the impact the pro-
testors would have on the larger
community.
"I would like to see how the
demonstrations in the Diag
could amount to something
more, could have a more realiz-
able impact," Schrier said.
has invested a total of $300
million in restoration of the
facility, slated to be complete
by 2015.
PROFESSORS HONORED
BY COLEMAN, VICE PRES-
IDENT CHURCHILL
In her opening remarks,
Coleman honored University
Math Prof. Stephen DeBacker
for his'recent recognition as
Michigan's Professor of the
Year by the Carnegie Founda-
tion, an organization dedicat-
ed to educational efforts.
"He has been a driving force
in the department in terms of
advancing undergraduate edu-
cation," University Provost
Phillip Hanlon said.
Hanlon is also amath depart-
ment faculty member.
Sally Churchill, the Uni-
versity's vice president and
secretary, also asked meeting
attendees to take a moment of
remembrance for Christopher
Peterson, a former Univer-
sity psychology professor who
passed away last month at age
62.
"I'd like to send condo-
lences to his family and all of
his colleagues and students,"
Churchill said.
--HOK
Michigan Daily Opinion. Page 4.