Supreme Court to hear U of M-Ann Arbor Affirmative Action cases

The Michigan Partisan

By Page W. H. Brousseau IV

TIMES STAFF WRITER

The way University of Michigan-Ann Arbor (UM-Ann Arbor) admits students to both its undergraduate programs and law school could change greatly in the next few months. UM-Ann Arbor employs a point system for admission, in an effort to enlarge diversity on campus. The admissions department awards points based on race for black and Latino applicants. These selected minority groups receive 20 points, a perfect SAT score is worth 12, and that is the basis of the two cases, Gratz v. Bollinger and Grutter v. Bollinger.

This past week, the Supreme Court will announced what cases will be brought before it. The next session ends in June, meaning, it could be six months before the affirmative action cases are heard, debated and opinions are released.

The Supreme Court has been divided 5 to 4 on most issues, like the 2000 Bush v. Gore decision. "If the Supreme Court is constant with its right-ward tilt, in the last twenty years or so, it is likely to decide against the University," said Dr. Albert Price from the University of Michigan-Flint (UM-Flint) Political Science department.

Justice Sandra Day O'Connor has been called "the judge that decides cases," and she appears to be the swing vote for this case.

The last major affirmative action case involving college admissions was the Regents of the University of California v. Bakke from 1978. In that case, the Court ruled that a quota system was unconstitutional, but Justice Lewis Powell's opinion said it was in the best interest of the University to promote a racially diverse campus. That is the grounds for the UM-Ann Arbor's argument; the university must be allowed to enlarge the number of minorities on campus for better learning environment.

Not all students agree the affirmative action policy is the best way to improve education. Eric Lerche, a student here on the UM-Flint campus calls it, "The biggest form of racism," and adds "it's unconstitutional."

Many groups say the real issue that needs to be addressed is social class, not race. Price stated UM-Ann Arbor's position they find themselves in, "I think that the University is kind of problematic in that, because I don't see a reason why Colin Powell's son should be given extra points because of the color of his skin." "You don't have to have race as a criteria," Price continued, "You can use actual social measures of disadvantage in society. And I think they should do that."

Social measures may be one route the University will travel if the Court does not rule in its favor. "I think social class is much more indicative of disadvantage, than race," Price stated. Despite being less than perfect, UM-Flint student Eric Burns had this to say on it, "I can respect why we have it, but it's not an ideal system. I'm not saying I like it, but can understand why they have it."

Another way to promote a racially blind admissions policy might be a version of the One Florida plan. This program sponsored by Florida Governor Jeb Bush, admits the top 20 percent of high school graduates into the state colleges. However, many civil rights groups are not too pleased with the results of the One Florida plan in regards to numbers of minorities accepted at the state universities, and One Florida was a major issue in the governor's re-election campaign.

Scores of protesters mobilized during the lower court hearings of the two UM-Ann Arbor cases. Busses from Ann Arbor and around the country brought protesters, both those for and against the affirmative action programs, to the courthouses where the cases were being tried. The effort to bring people to the footsteps of the Supreme Court is already underway; organizers are just waiting for a date.

How the Court views the place of affirmative action since 1978 may even be a major issue in the 2004 Presidential Election. Until the case is settled, many in America, particularly whites, now feel the way Lerche does, affirmative action "should be abolished, there once was a time and place for it," but not now, he adds.