6 - The Michigan Daily - Tuesday, June 24, 2003
ADMISSIONS ON TRIAL
CIR claims win over preferences
By Jeremy Berkowitz
Daily Staff Reporter
WASHINGTON - Jennifer Gratz
cried when she heard yesterday morn-
ing that the Supreme Court struck
down the University of Michigan
undergraduate admissions system
which had rejected her in 1995.
"I am very glad that I took a
stance for what I believed in," Gratz
said yesterday afternoon. "The Uni-
versity needs to go back to the
drawing board and devise a plan
that does not consider race as heav-
ily." Her statement was quickly cor-
rected by Center for Individual
Rights officials with a system "that
does not consider race at all."
The main part of the undergradu-
ate admissions policies challenged
in Gratz v. Bollinger were the 20
points offered to underrepresented
minorities.
The system consists of a 150-
point Selective Index that gives out
points for grades, legacies and
other factors. One hundred points
usually guarantees admission.
Sponsored by CIR, an anti-affirma-
tive-action watch-dog firm, Gratz
and her co-plaintiff Patrick
Hamacher sued the University in
October 1997 on the grounds that
their treatment by the University
violated many laws, including the
Equal Protection Clause of the
Fourteenth Amendment.
"It validates what I felt all along.
What happened was wrong,"
Hamacher said.
Gratz, Hammacher, and CIR offi-
cials all participated in a telecon-
ference yesterday along with
Barbara Grutter, the plaintiff in
Grutter v. Bollinger, which upheld
the University's race-conscious law
school admissions policies. The
plaintiffs said they felt the deci-
sions were bittersweet.
While they were overjoyed that
the court declared the University's
point system unconstitutional, they
were upset about Justice O'Con-
nor's decision in Grutter, upholding
the Law School's admissions poli-
cies and agreeing with the Univer-
sity that diversity was a compelling
state interest.
"The court failed to recognize that the
Law School's practice is a quota," CIR
attorney Kirk Kolbo said.
The plaintiffs stated the Grutter
decision made partial headway in
ending race-based preferences in
the United States, as well as strong-
ly encouraging the use of sunset
clauses to ensure that even though
the court found the law school's system
legal, it will be not used rampantly.
"No University or college in
America can discriminate on the basis
of race and have certainty that they are
on the right side of the law," CIR Presi-
dent Terrence Pell said.
"Schools have to be readily assessing
whether race preferences are necessary."
Pell noted that there are colleges in
many states across the nation, includ-
ing Texas and California, where race-
neutral alternatives are used, and the
percentage of minorities is higher
than that at the University.
He added that he hopes the Uni-
versity will look at these in imple-
menting a new policy for
undergraduate systems.
"Large schools are going to findi
it very difficult to judge applicants ;
by race," Pell said. "It's possible to have
diversity without racial preferences."
Grutter said she was pleased that the
court struck down the undergraduate
system, even though the law school poli-
cies which she was scrutinized under
were upheld. The Law School rejected
Grutter in 1996 despite her 3.8 grade
point average and 161 LSAT score. She
says she has no future plans to re-apply.
"When there is an indiscriminato-
ry process, I will go through it,"
Grutter said.
CIR said it is considering .suing
the University for damages for both
Hammacher and Gratz. Kolbo said
litigation is possible within weeks at
the U.S. District Court in Detroit.
He could not pin down an exact
amount on how much CIR would
ask for, but said the number would
likely be seven figures, adding that the
plaintiffs are entitled to a remedy.
The burden will be under the
University to prove that the plain-
tiffs wouldn't have gotten in even
under a race-blind system."
AP PHOTO
Health care consultant and Plymouth resident Barbara Grutter sued the University after
she was denied admission to the Law School. The admissions system that denied
Grutter's entrance to the school was upheld yesterday by the U.S. Supreme Court.
Ex-military officials urged
justices to uphold policies
By Rahwa Ohebre-Ab
Daily Staff Reporter
An ad hoc battalion of retired top military leaders
including Army Gen. Norman Schwarzkopf, who com-
manded the first Persian Gulf War, and former Defense
Secretaries William Perry and William Cohen were
among more than two dozen high-ranking military and
civilian defense officials that signed onto briefs filed in
support of the University's race-conscious admissions
policies.
"The military has made substantial progress towards
its goal of a fully integrated, highly qualified officer
corps. It cannot maintain the diversity it has achieved
or make further progress until it retains its ability to
recruit and educate a diverse officer corps," the brief
stated.
"The rules should not be changed. The military must
be permitted to train and educate a diverse officer
corps to further our compelling government interest in
an effective military."
High-ranking retired military officials were not the
only people involved in the U.S. defense that signed
onto the brief. Sen. Carl Levin (D-Detroit), A strong
proponent of the University's race-conscious admis-
sions policies and the senior Democrat on the Senate
Armed Services Committee, made the following state-
ment regarding the Supreme Court decision.
"I am glad that the Supreme Court has reaffirmed
that institutions of higher education including our mili-
tary service academics, can continue to promote racial
diversity as important to our nation so that their stu-
dents and graduates will know will know each other,
work with each other and live with each other better as
neighbors and friends."
The U. S. Military Academy at West Point, the
United States' premier military institution of learning
said in response to the Supreme Court rulings, "West
Point gives appropriate consideration to the cultural
and socio-economic backgrounds of applicants," said
West Point Director of Public Affairs Lt. Col. James
Whaley.
"The Academy's Office of Admissions makes a con-
certed effort to inform minorities of the opportunities
available at West Point. Having a Corps of Cadets that
reflects the racial diversity of our country and the U.S.
Army is important to West Point," Whaley added.
At press time, the spokesperson for the University of
Michigan ROTC branch said they could not comment
on the issue.
'U's support from corporate
ranks bolstered case in court
By Rahwa Qhebre-Ab
Daily Staff Reporter
"We believe that the U.S.
Supreme Court benefited from
hearing many companies emphati-
cally state that individuals educated
in a diverse environment are more
likely to succeed in today's global
marketplace," said Wes Coleman,
vice president of Nike Inc. Human
Resources.
"Even beyond race, diversity of
gender, geography, sexual orienta-
tion and persons with disabilities
are vital to our product develop-
ment, innovation and marketing.
Developing diversity is simply the
right thing to do.
Nike was among 65 Fortune 500
companies with combined annual
revenues of more than $1 trillion
that either filed briefs of their own
or signed an amicus brief filed by
another organization in support of
the University's race conscious
admissions policy.
The briefs stated that the future
of American business, itself, was on
the line, pending the court's ruling.
Major corporate hitters such as
General Motors, Nike Inc., IBM
and Microsoft formulated that a
diverse college population was cru-
cial for diversity to make its way to
the workplace.
American Airlines Spokesman,
Tim Wagner said, "Our company
interest in this case stems from our
desire to have a workplace that mir-
rors the diversity in our customer
base and in the world."
"We want the ability to hire high-
ly qualified individuals of all back-
grounds and this case ensures that
we will be able to do so. We are
pleased that Justice O'Conner cited
this specific creed in explaining the
court's opinion," she added.
A number of students at the Uni-
versity were pleased with the sup-
port given to minorities in the form
of the briefs, given that it is widely
reruited h anuimher of Arnorate
"It's good to know that you have
companies taking the initiative of
filing or signing onto briefs in sup-
port of the University's affirmative
action policy,' said Engineering sen-
ior, Edgar Garza.
"U-M is one of the most highly
recruited colleges in the nation,
especially for engineering.fNot
only do students benefit from
affirmative action, but by the steps
these companies took in filing
"Efforts like the
University of
Michigan's admissions
policies are vital to the
continued success of
diversity initiatives.
- Debra Nelson
DaimlerChrysler spokeswoman
these briefs, they are showing that
they benefit from affirmative
action as well."
A number of the companies stated
that a diverse workforce adds to pro-
ductivity and increased output.
"We depend on schools like the
University of Michigan to provide
us with the best and most diverse
talent, and we will continue to do
so," said Jim Sinocchi, IBM
spokesman, and director of Corpo-
rate Diversity Communications.
Abbott Laboratories Spokesman,
Chris Bomay said, "Abbott's perform-
ance is linked to its ability to attract
and retain a diverse population.
As a Chicago-based company, the
University of Michigan is nearly in our
backyard. It is important that the diversi-
ty of our employee base reflects the
diversity of our shareholders."
Though no Fortune 500 corpora-
tions went on record as supporting the
plaintiffs, Gratz and Grutter, a sur-
prising listing of corporate sponsors
that filed briefs in sunnort of the Uni-
Corp., Pfizer Inc. and the Xerox
Corp. have donated funds to the Cen-
ter for Individual Rights, the conser-
vative public interest law firm that
brought suits against the University
on behalf of the twotrejected white
applicants, according to the American
Bar Association Journal.
In an area that is dominated by
Caucasians, the business world has
been a more difficult area for
minorities to break into and the
active support of the companies
sent a clear message to business-
bound students.
"I'm assured that somebody is
looking out for minorities," said
LSA junior Cassandra Pringle.
"So many times, in business, it
seems as if the chips fall against
African-Americans. Especially for
people like me, who will be entering
the workforce relatively soon, its nice
to have that support behind you."
"Where many students end up
working is highly contingent on
where one goes to school. That real-
ly makes you reassess the impor-
tance of diversity within the
boundaries of higher education,"
Pringle added.
Among the amicus briefs filed by
the various companies, the strong
idea behind them was the staunch
support that not only was affirma-
tive action necessary, but it is, in
fact, constitutional.
"The DaimlerChrysler Corpora-
tion is gratified that the U.S.
Supreme Court has held that diver-
sity, properly considered, fulfills a
compelling state interest. Efforts
like the University of Michigan's
admissions policy are vital to the
continued success of diversity ini-
tiatives," said Debra Nelson,
spokeswoman for DaimlerChrysler.
"We believe the scope of equality
extends beyond the walls in which
we do business and we are commit-
ted to promoting diversity through-
out our entire business enterprise.
In the end, diversity makes good
business sense."
AP PHOTO
Michigan Gov. Jennifer Granholm, a Democrat, has been strongly supportive of the race-conscious admissions policies
used by the University. She praised yesterday's decisions from the U.S. Supreme Court.
Politiclans sound off about
Supr'ee Court decisions
By Dan Trudeau
Daily Staff Reporter
NEW YORK - Politicians from
both sides of the political spectrum
are hailing the U.S. Supreme
Court's rulings as a victory for their
respective positions.
The differing decisions in the
Grutter v. Bollinger and the Gratz v.
Bollinger cases are allowing
Democrats and Republicans alike to
claim that the court endorsed their
own political agenda with regard to
affirmative action.
President Bush, who in March
called the University's admissions
process "fundamentally flawed,"
praised the Supreme Court in its
dismissal of the numerical, race-
conscious admissions process, at
the same time calling for more
diversity in higher education.
"My Administration will continue
to promote policies that expand
educational opportunities for Amer-
icans from all racial, ethnic, and
economic backgrounds," Bush said
in a statement.
"The Court has made clear that
colleges and universities must
engage in a serious, good faith con-
sideration of workable race-neutral
alternatives."
Democrats in Washington also
applauded the Court's decision, say-
ing that the survival of affirmative
action was ensured by the Grutter
decision.
Rep. John Dingell (D-Dearborn)
took pride in being the University's
representative and called the deci-
Americans."
Dingell also attacked the stances
of his political opponents, saying
that Bush in particular was acting in
a hypocritical fashion by claiming
the decision to be consistent with
his own agenda.
"As far as Bush goes, a few months
ago he was saying he was opposed to
affirmative action and now he's saying
he's in favor of the ruling," Dingell
spokesman Mike Hacker said. "He can't
have it both ways."
Rep. John Conyers (D-Detroit),
who is the dean of the Congression-
al Black Caucus, was similarly
agressive in his criticism of the
President, placing the ruling in a
broader political context and using
it to leverege support for the
upcoming elections.
"The closeness of today's 5-4 deci-
sion underscores the stakes involved in
any Supreme Court vacancies and the
importance of next year's presidential
election. If George Bush had his way,
the Supreme Court would have struck
down affirmative action," Conyers said.
"Not only did his administration file a
brief against the University of Michi-
gan, they refused to even meet with a
single member of the Congressional
Black Caucus to discuss the matter.
That was unconscionable."
Public officials within the state
of Michigan were similarly divided
as political rivals found different
reasons to appear optomistic about
the outcome of the hearing.
Gov. Jennifer Granholm, who
filed an amicus brief on behalf of
the University in March, said the
diversity to begin as different groups
would foster the exchange of ideas with-
in an academic environment.
"I am gratified and pleased that
the Cout has upheld the University
of Michigan's ability to independ-
ently decide that developing a
diverse student body is in the best
interests of its community,"
Granholm said in a statement.
"I applaud the Court for recog-
nizing that fostering diversity is, in
fact, in the government's best inter-
est."
Granholm's successor as Michi-
gan attorney general, Republican
Mike Cox, approached the issue
from a legal standpoint, congratu-
lating the Supreme Court for what
he said wasupholding the Equal
Rights Amendment.
Cox was critical of the University
for instituting its use of race-con-
scious admissions.
The Attorney General, who grad-
uated from the University's under-
graduate and law school programs,
made no mention of his ties to the
University in a statement he made
regarding the rulings.
"Diversity is a goal worth pursu-
ing in our colleges, universities and
workplace. However, policies that
use quotas or reward and punish
solely on the basis of race are not
only unconstitutional, but divide
Americans and thwart real
progress," Cox said.
"Those of us in the public and
private sectors can and should work
toward greater diversity. However,
the end cannot justify the means,"