2 - The Michigan Daily - Monday, June 4, 2001
Supreme Court passes on case, clears path for 'U
By Elzabeth Kassab
Daily News Editor
The U.S. Supreme Court's decision Tuesday not
to hear Smith t. University of Washington Law
School, the case challenging the school's race-con-
scious admissions policies, may have little immedi-
ate impact on the two similar cases against the
University of Michigan scheduled to be heard in the
6th Circuit Court of Appeals in Cincinnati this fall.
"Other than making it more likely that the
Supreme Court will hear the University of Michi-
gan cases, I don't think it will have too much of an
effect," said Curt Levey, legal director for the Cen-
ter for Individual Rights, which represents the
plaintiffs in all three cases.
"The decision to deny certiorari in the Washing-
ton case is not a surprise," said University of Michi-
gan Law School Dean Jeffrey Lehman. "If the
Supreme Court is to revisit the issue of affirmative
action in higher education, that case would be a
poor vehicle through which to do so."
The court passed over the case, an action which
lets stand the 9th Circuit Court of Appeal's decision
upholding the view of diversity as a compelling
governmental interest, Lehman said.
"Naturally, we hope that the Sixth Circuit will
interpret the Constitution in the same way," he said.
University of California at Los Angeles Prof.
Robert Post cautioned the action did not necessarily
indicate the Supreme Court would rule in favor of
race-conscious admissions policies. "Denial of cer-
tiorari is meant to mean nothing," he said.
University of Michigan Law School graduate
Tony Miles, who now practices in Seattle, noted the
major difference between the cases in Michigan and
Washington is that voters in Washington passed an
initiative similar to Proposition 209 in California,
ending affmnative action in the state. Therefore, a
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bearing beyond the University, s
"Business understands that in
stay competitive you have to m
diverse work force," she said.
In its amicus brief, GM state
ports the University Law S
admissions policies because dir
higher education teaches studei
needed to work in an incre
diverse world. Not only is the
States itself becoming more div
GM's interests in foreignz
require its employees to be fam
racial, ethnic and cultural difl
the brief said.
"(T)he Nation's interest in sa
ing the freedom of academic in,
to select racially and ethnically
student bodies is indeed compe
future of American business
some measure, of the America
my depends upon it," the brief re
Law School Dean Jeffrey
said in a statement the ABA's
brief was important.
"Typically, the ABA files int
likely to be the last venue for
While there is a strong likelil
Supreme Court will ultimately
case, the Association filed here
of the critical importance to th
sion and the nation of preservi
sity in law schools," Lehman sa
ruling by the Supreme Court would not have
any impact on current policies.
Michigan does not have a state-wide ban o
affirmative action policies, and a ruling either w
by the Supreme Court would be significant.
Post speculated one reason the court decided no
to hear the case could be that the nine justice
appear to be split on the issue.
Justice Sandra Day O'Connor is considered to
the deciding vote. "Where O'Connor goes on t
vote, so goes the court," Post said, adding the o
justices may be wary of taking a case when the
don't know O'Connor's position.
Barry attached significance to the fact
that the NOW Legal Defense Fund an
two Asian Pacific American legal enti
he said. ties filed amicus briefs supporting th
order to University because opponents of race
aintain a conscious admissions policies hav
argued that the policies have negativ
d it sup- implications for women and Asia
chool's Americans.
versity in Vincent Eng, legal director of the
nts skills National Asian/Pacific American Legal
asingly Consortium, said the organization sup-
e United ports the University because the plaintiff
erse, but did not accurately represent the socioe-
markets conomic status of Asian/Pacific Ameri-
liar with cans. He said Asian/Pacific Americans
ferences, are underrepresented in the legal field
and still face discrimination and nega-
feguard- tive stereotypes.
stitutions Four groups - including the Nation
y diverse Association of Scholars and the Pacific
ling: the Legal Foundation - submitted amicus
and, in curiae briefs to the court in support of
n econo- the Center for Individual Rights, which
ead. filed the suit against the Law School.
Lehman Curt Levey, director of legal and pub-
amicus lic affairs for CIR, said he doubted the
overall impact of the amicus briefs on
the court the outcome of the case.
a natter. "In the end I don't think it has much
hood the affect on the judges," Levy said."Y
taetis don't win because yost ha.ve bigna
because on your side.... You win because the
e profes- law is on your side."
ng diver- The case is expected to be heard by the
id. 6th Circuit Court in Cincinnati this fall.
111J
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