4 - The Michigan Daily - Orientation Edition 2002
Court's decisions on lawsuits major focus of'U'4
By Megan Hayes
Daily Staff Reporter
May14, 2002 marked a day of major
development in the University's lawsuits
defending the use of race as factors in its
admissions policies. The 6th Circuit
Court of Appeals ruled in favor of the
University's Law School in the case
Grutter v. Bollinger In a 5-4 decision,
the court reversed the judgment of a
federal district court and upheld the con-
stitutionality of the Law School's admis-
sions policy.
The Grutter case is not the only law-
suit currently in the court system regard-
ing the University's admissions policies.
A decision in the case of Gratz v.
Bollinger is still pending in the 6th Cir-
cuit Court of Appeals. That case began
October 1997, when Jennifer Gratz and
Patrick Hamacher sued the College of
Literature, Science and the Arts after
both were rejected for admission. Their
lawyers, from the Center for Individual
Rights, argued that they were wrongful-
ly denied admission because the Univer-
sity admitted minority students who
they believed were less qualified.
Nevertheless, Law School Dean Jef-
frey Lehman defended the Law School's
admissions policy, saying the admis-
sions board does its best to get a sense
of the whole person. "We have a com-
prehensive admissions process in which
the staff looks at every piece of paper in
every file."
Although the Grutter decision came
down in favor of the University, there
still exists the possibility that the case
could be heard by the Supreme Court
and that the 6th Circuit's decision may
be overturned. Lehman said if the
school's admissions policies were to be
found unconstitutional, "the impact
would be traumatic." He said that there
is no other way to create the diverse
environment currently maintained by the
school.
"In the U.S., in the year 2002,1it is not
possible to have meaningful integration
using a color-blind admissions policy,"
Lehman said. While creating a diverse
environment is one of the school's goals,
Lehman said ultimately the most impor-
tant goal is admitting people with the
academic ability to succeed.
The Grutter decision echoed senti-
ments held by Supreme Court justices in
their 1978 decision in the case Universi-
ty of California Board of Regents u.
Bakke. Justice Louis Powell ruled in
favor of the use of race in admissions
stating that the "State (of California) has
a substantial interest that legitimately
may be served by a properly devised
admissions program involving the com-
petitive consideration of race and ethnic
origin," the majority opinion written by
Powell stated. Because Bakke is the only
case regarding admissions policies to
reach the Supreme Court, it set the
national precedent.
Evan Caminker, the associate dean
for academic affairs at the Law School,
said he feels the Court of Appeals deci-
sion is a significant step in maintaining
the admissions requirements set forth by
Bakke. The decision "recognized that
Bakke is still the law of the land and that
it is still permissible, and indeed very
important, for institutions of higher edu-
cation to maintain some degree of racial
diversity and integration," he said.
In accordance with the current Law
School admissions policy, every applica-
tion is looked at individually. But,
Caminker said the school does take race
into account in an attempt to achieve a
"critical mass" of minority students,
among other goals. Caminker added that
the Law School desires a sufficient
group of minority students so that they
may be "perceived as individuals, rather
than representatives."
"We view race as something that
brings something of value," Caminker
said, adding that regardless of race,
"every single applicant is competing for
every single spot."
LSA Associate Dean Phil Hanlon
said he is optimistic about the Court's
pending decision in the Gratz case. "I
am fairly confident that our admissions
policy is constitutional," he said.
Hanlon emphasized the role diversity
plays in the undergraduate community,
saying that he thinks "diversity brings
great value to our classroom ... it is a
very worthwhile goal."'Although he said
he realizes there is "a lot more to come,"
he maintains that diversity of the student
body and faculty "enhance the educa-
tion we provide."
Though the lawsuits are very similar,
the admissions procedures differ. Uni-
versity Assistant General Counsel
Jonathan Alger said the main difference
between the two admissions policies is.
that the LSA policy uses. a system in
JONATHON TRIEST/Daily
Rev. Valdvieso Mathews and protester Jared Suess sit on the steps of the Michigan
Union May 14 after the rally to celebrate the 6th Circuit Court of Appeals decision.
which points are awarded for various strong case,"Alger said. 4
characteristics, among them race and He also said he believes the 6th Cir-
ethnicity. But Alger said that each per- cuit will follow its ruling in the Grutter
son's file is still looked at as a whole. case. He said the court found in Grutter
"Everybody is treated as an individ- that "the basis of our policy was tied to
ual in our admissions process," Alger our educational mission," citing Chief
added. "Every student who is admitted Circuit Judge Boyce Martin when he
is qualified." Alger said race and eth- wrote in his majority opinion that "an
nicity still remain important factors in institution of higher education must con-
providing educational diversity. "We sider race-neutral alternatives, but it
need to be able to consider race and need not abandon its academic mission
ethnicity in a narrowly tailored way in to achieve absolute racial and ethnic)
order to maintain a level of diversity," neutrality."
he said. Alger noted the national impact the
Like Hanlon, Alger said he is "cau- Gratz and Grutter decisions will have on
tiously optimistic" about the pending higher education nationally. "Colleges
Court of Appeals ruling. "We presented around the country are looking to
strong evidence to show our program is Michigan for principled leadership on
narrowly tailored; we think we have a this issue," he said.
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