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June 24, 2003 (vol. 114, iss. 142) • Page Image 1

…Tuesday f r 4 a ~ i ©2003 The Michigan Daily bAi Ann Arbor, Michigan Vol. CXIV, No. 142 One hundred twelve years of editoralfreedom www.michgandaly.com Supreme Court upholds a irmative action, rects point s By Jeremy Berkowitz The two judgments, which gave the Univer- and Tomislav Ladika sity guidelines for how race can be used in its Daily StaffReporters admissions systems, were the culmination of the six-year legal battle between the Unive...…

June 24, 2003 (vol. 114, iss. 142) • Page Image 2

…2 - The Michigan Daily - Tuesday, June 24, 2003 THE UNIVERSITY REACTS Heanng decision, emotional Coleman proclaims victory By Jennifer Misthal higher learning to use the Law School's Daily News Editor admissions as a "road map" to model their "It's very emotional. It's future policies. importa~ent for all of higher WASHINGTON - Rushing into the Searching for words to best describe the t fo a g cafeteria of the Supreme Court, communi- wave ...…

June 24, 2003 (vol. 114, iss. 142) • Page Image 3

…3 - The Minhionn nails - TIIaCriov Nina 7d Onnl - ivuuan fvary -I ueUay, JuneZ',UlTHE DECISION s FALLOUT Changes on the way for schools across nation Legal hurdles remain for affirmative action By Jordan Schrader Daily News Editor The U.S. Supreme Court handed the University only a partial victory yes- terday, but many other colleges had more to celebrate. A university's ability to consider the race of an applicant, until yesterday, had d...…

June 24, 2003 (vol. 114, iss. 142) • Page Image 4

…4 - The Michigan Daily - Tuesday, June 24, 2003 OP/ED 420 MAYNARD STREET ANN ARBOR, MI 48109 letters@michigandaily.com EDITED AND MANAGED BY STUDENTS AT THE UNIVERSITY OF MICHIGAN SINCE 1890 SRAVYA CHIRUMAMILLA LOUIE MEIZLISH Editors in Chief JASON PESICK Editorial Page Editor NOTABLE QUOTABLE The University of Michigan Law School's mystical critical mass' justification for its discrimination by race challenges even the most gullible mi...…

June 24, 2003 (vol. 114, iss. 142) • Page Image 5

… OP/ED The Michigan Daily - Tuesday, June 24, 2003 --5 'U' STUDENTS WEIGH IN Court, civil rights movement not born yesterday AUBREY HENRETTY NEURzTICA The triumph of the smug ZAC PESKOWITZ THE LoWER FREQUENCIES The civil rights movement is not new. The civil rights movement did not begin yesterday. The "'new' civil rights move- ment" did not begin yes- terday. QED. The student activists' de rigueur Diag rally cel- ebrating yesterday's U.S...…

June 24, 2003 (vol. 114, iss. 142) • Page Image 6

…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- vers...…

June 24, 2003 (vol. 114, iss. 142) • Page Image 7

… ANALYSES The Michigan Daily - Monday, June 24, 2003 - 7 SUM OF DECISIONS GREATER THAN THEIR PARTS It's official: Universities may use race as a factor in admissions - they just may have to hire more admissions officials to do it. That is the consensus of the two majority opinions handed down by the U.S. Supreme Court yesterday morning in the cases Grutter v. Bollinger and Gratz v Bollinger. In the opinions, written by Justice San- dra Day...…

June 24, 2003 (vol. 114, iss. 142) • Page Image 8

…8 - The Michigan Daily - Tuesday, June 24, 2003 ADMISSIONS ON TRIAL dmissions Lawsuits 101 : t i y . ; THE HISTORY Laws, rulings reflect race's role in society By C. Price Jones Daily News Editor Since the first mention of "affirmative action" in March 1961 by President John F. Kennedy, the issue of using race in admissions has taken many twists and turns on the road towards the state it is now in. Yesterday the U.S. Supreme Court ad...…

June 24, 2003 (vol. 114, iss. 142) • Page Image 9

… ADMISSIONS ON TRIAL The Michigan Daily - Tuesday, June 24, 2003--9 l Following are the opinions released by the U.S. 2 Supreme Court yesterday concerning the constitutionality of race-conscious college admissions policies. The decisions are printed in their entirety, beginning with syllabuses, or summaries, of the decisions prepared by the court's reporter of decisions. GRATZ E TAL. v. BOLLINGER E TAL. Syllabus Petitioners Gratz and Hama...…

June 24, 2003 (vol. 114, iss. 142) • Page Image 10

…ADMISSIONS ON TRIAL The Michigan Daily - Tuesday, June 24, 2003-10 Justice Powell found objectionable in Bakke on the grounds that LSA applicants are not competing for different groups of seats. See 122 F. Supp. 2d, at 828-829. The court also dismissed petitioners' assertion that the LSA's current system is nothing more than a means by which to achieve racial balanc- ing. See id., at 831. The court explained that the LSA does not seek to ac...…

June 24, 2003 (vol. 114, iss. 142) • Page Image 11

… ADMISSIONS ON TRIAL The Michigan Daily - Tuesday, June 24, 2003 -11 Process" filed by the parties in the District Court. App. to Pet. for Cert. 108a-t17a. 7. In 1995, counselors used four such tables for different groups of applicants: (1) nMstate, nonminority applicants; (2) out-of- pfate, non-minority applicants; (3) in-state, minority applicants; and (4) out-of-state, minority applicants. In 1996, only two tables were used, one for in-st...…

June 24, 2003 (vol. 114, iss. 142) • Page Image 12

…ADMISSIONS ON TRIAL The Michigan Daily - Tuesday, June 24, 2003 - 12 and 1996 respectively. See Brief for respondents 5, n. 7. Accordingly, we have .before us only that portion of the District "Courtis judgment that upheld Michigan's -sew freshman admissions policy. 4 II Both Hamacher and Gratz, of course, -Nave standing to seek damages as compen- Sation for the alleged wrongful denial of .their respective applications under Michi- gan's ol...…

June 24, 2003 (vol. 114, iss. 142) • Page Image 13

… ADMISSIONS ON TRIAL The Michigan Daily - Tuesday, June 24, 2003 -13 2. For that matter, as the Court suggests, narrow tailoring challenges against the two policies could well have different out- comes. Ante, at 18. The record on the deci- sionm swing process for transfer applicants is understandably thin, given that petition- e. never raised a narrow tailoring chal- ,lenge against it. Most importantly, however, the transfer policy does not...…

June 24, 2003 (vol. 114, iss. 142) • Page Image 14

…ADMISSIONS ON TRIAL The Michigan Daily - Tuesday, June 24, 2003-14 "insulat[e] each category of applicants with information available in the file, including the Law School's use of race in the admis- body was not compelling because "the have suffered." Id., at 310. Third, Justice certain desired qualifications from compe- a personal statement, letters of recommen- sions process. Dennis Shields, Director of attainment of a racially diverse clas...…

June 24, 2003 (vol. 114, iss. 142) • Page Image 15

… ADMISSIONS ON TRIAL The Michigan Daily - Tuesday, June 24, 2003- 15 suffered an injury that falls squarely within the language and spirit of the Constitution's guarantee of equal protection." 515 U. S., at 229-230. But That observation "says noth- ing about the/ultimate validity of any par- ticular law that determination is the job of the court tpplying strict scrutiny." Id., at 230. W4n race-based action is necessary to furher a compellin...…

June 24, 2003 (vol. 114, iss. 142) • Page Image 16

… ADMISSIONS ON TRIAL The Michigan Daily - Tuesday, June 24, 2003 -16 Sidoti, 466 U. S. 429, 432 (1984). Accord- ingly, race-conscious admissions policies must be limited in time. This requirement reflects that racial classifications, however compelling their goals, are potentially so dangerous that they may be employed no more broadly than the interest demands. Enshrining a permanent justification for racial preferences would offend this fun...…

June 24, 2003 (vol. 114, iss. 142) • Page Image 17

… ADMISSIONS ON TRIAL The Michigan Daily - Tuesday, June 24, 2003 -17 dents Bollinger et al. 33-36. In other words, the Law School seeks to improve marginally the education it offers without sacrificing too much of its exclusivity and elite status.'; The proffered interest that the majority vindicates today, then, is not simply "diver- sity." Iyistead the Court upholds the use of raciaf discrimination as a tool to advance the, aw School's int...…

June 24, 2003 (vol. 114, iss. 142) • Page Image 18

…- ADMISSIONS ON TRIAL who, despite a lower LSAT score or under- graduate grade point average, will succeed in the study of law. The Law School seeks oly a facade-it is sufficient that the class looks right, even if it does nlot perform right. The Law School tantalizes unprepared students with the promise of a University of Michigan degree and all of the opportuni- ties that it offers. These overmatched stu- dents take the bait, only to find...…

June 24, 2003 (vol. 114, iss. 142) • Page Image 19

…ADMISSIONS ON TRIAL The Michigan Daily - Tuesday, June 24, 2003 -19 body. Id., at 5 (claiming that the Law supra, at 323). greater magnitude of 2.2%, from the high tution must ensure, through sufficient pro- School has enrolled "critical mass," or But the correlation between the percent- of 15.6% in 1995 to the low of 13.4% in cedures, that each applicant receives indi- "enough minority students to provide age of the Law School's pool of appli...…

June 24, 2003 (vol. 114, iss. 142) • Page Image 20

…# STUDENT REACTIONS- The Michigan Daily - Tuesday, June 24, 2003 - 20 . . .Madelina Young, Car- },__. j tolina Saenz and Patricia Dyer of Stu- dents Sup- porting Affirmative Action cele- brate the U.S. Supreme Court ruling yesterday during a rally on the Diag. SETH LOWER/Daily CONSERVATIVES CLAIM VICTORY IN STRIKING DOWN QUOTAS By James Koivunen And Samantha Woll Daily StaffReporters Although celebrations by pro-affirmative action student ...…

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