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,"