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. 4 I 4 4