University of Michigan Admissions Policy Upheld
December 13, 2000
By Jim Suhr, Associated Press
DETROIT (AP) - In a case that may wind up before the Supreme Court, a federal judge Wednesday upheld the University of Michigan's use of affirmative action in admissions, saying there is "solid evidence'' that a racially diverse campus is good for education.
"Hopefully, there may come a day when universities are able to achieve the desired diversity without resort to racial preferences,'' U.S. District Judge Patrick Duggan said in affirming undergraduate admissions standards that have been in place since last year.
The 3-year-old case is being closely watched across the country because many colleges and universities consider race and ethnicity in admissions. A Supreme Court ruling against Michigan could jeopardize those practices at public schools.
There was no immediate word on whether the two white students who sued after they were denied admission will appeal.
"We continue to believe that public universities have no right under the equal protection clause to engineer a particular racial mix of students,'' said Terence Pell, chief executive of the Center for Individual Rights, which represents the white students. The conservative Washington legal group brought down affirmative action at the University of Texas law school in 1996 and is behind two lawsuits targeting Michigan's policies.
The second lawsuit, against the university's law school admissions policies, is scheduled for trial in January before a different judge.
The plaintiffs contend race has become a decisive factor that discriminates against whites. The university has argued that students need to be exposed to people of other races and ethnic groups to get a good education.
In the challenge to Michigan's undergraduate admissions standards, Duggan said the policy used from 1995 through 1998 was unconstitutional. But the judge upheld the university's current system of affimative action.
He said Michigan presented "solid evidence regarding the educational benefits that flow from a racially and ethnically diverse student body.''
Of Michigan's 38,000 undergraduate and graduate students this semester, about 13 percent are black, Hispanic or American Indian.
Until a few years ago, Michigan used a grid that sorted applicants by grades, test scores and race. Now, the school grades applicants on a 150-point scale. Blacks, Hispanics or Indians get 20 points for their race, which is equal to raising their grade-point average a full point on a 4-point scale.
The Michigan lawsuits could lead to a further rollback of affirmative action in higher education - a follow-up to California's Bakke case of 1978, in which the Supreme Court outlawed racial quotas but allowed consideration of race in university admissions.
The drive against affirmative action has accelerated in recent years, notably with the 1996 victory in Texas.
The Texas law school, like Michigan, argued that race-conscious admissions foster diversity. But the 5th U.S. Circuit Court of Appeals in New Orleans ruled that while schools can consider an applicant's economic and social background, race cannot be taken into account.
The Supreme Court chose not to hear the Texas case because the school had already decided to end affirmative action.
Just last week, the 9th U.S. Circuit Court of Appeals ruled that the University of Washington Law School acted legally when it considered race in its now-abandoned admissions policy.
The Michigan case appears ultimately headed to the 6th U.S. Circuit Court of Appeals in Cincinnati. If that court upholds affirmative action, the Supreme Court may feel compelled to sort it all out.
AP-NY-12-13-00 1723EST
Copyright 2000 The Associated Press.
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