U-M Affirmative Action Case, March 28, 2001

Further New Stories on the Court Ruling:

• A federal judge in Detroit denied a request from the University of Michigan Law School yesterday that he delay his ruling that the school illegally considers race in selecting students, throwing this year's admissions process into turmoil. See article Judge Rebuffs Law School at Michigan.
• A federal judge said yesterday that it was unconstitutional for the University of Michigan Law School to consider race in admissions, muddying the waters of the national affirmative-action debate and creating a novel situation at Michigan, where the undergraduate college is allowed to take race into account but the law school is not. See article Judge Throws Out Race-Based Admissions.
• In a 90-page decision released Tuesday, Friedman rejected U-M's arguments that race was one of many factors used in admissions and said the law school's admissions policy overemphasizes race to attain the functional equivalent of quotas of minority students. "The evidence shows that race is not, as defendants have argued, merely one factor which is considered among many others in the admissions process," Friedman wrote. "The evidence indisputably demonstrates that the law school places a very heavy emphasis on an applicant's race in deciding whether to accept or reject." Barbara Grutter, who sued U-M in 1997 claiming she was denied admission in favor of less-qualified minorities, said she was gratified by Friedman's ruling. See article U-M Law School's Race Policy Rejected.
• A federal judge yesterday rejected the use of race as a factor in higher education admissions, ruling that the University of Michigan Law School's practice of accepting minority students with lower grades and test scores than whites is not justified by the school's quest for racial diversity. In a ruling that further muddles the legal status of affirmative action in college admissions, U.S. District Judge Bernard A. Friedman disagreed with the university's contention that racial diversity is a "compelling" state interest and declared the school's admissions policy unconstitutional. See article Michigan Admissions Policy Rejected.

Reactions on Campus:

• Jamala McFadden stood in the middle of the elegant courtyard of the University of Michigan Law School Tuesday, struggling to find the words to express her disappointment. Late Tuesday morning, the message had come from Law School Dean Jeffrey Lehman: Federal judge Bernard Friedman had ruled that the U-M law school's affirmative action admissions policies were unconstitutional. See article Students Find Admissions Decision Disappointing.
• Decision evokes anger on campus: In pubs, coffeehouses and libraries campuswide, scholars show disgust.
• For University of Michigan law students and professors, a 90-page federal court ruling against the school's admission policies was must reading Tuesday. Some scoured it on the Internet. Others downloaded U.S. District Judge Bernard Friedman's opinion for hard copies. Nearly everyone had an opinion. See article: Students Express Surprise: Achieving Diversity in Future, Effect on Morale are Themes
• Rejected Student Jumps for Joy: Barbara Grutter did not jump up and down alone when she heard a judge had ruled the University of Michigan Law School's admissions policy illegal. Her two sons jumped with her
• Opponents hailed and supporters bemoaned the latest federal court ruling striking down affirmative action on Tuesday, with both groups saying it could set back minority gains in university admissions. See article Suporters Place Hope on Appeal.
• Neftara Clark always dreamed of going to the University of Michigan Law School. But now her application is locked in the school's admissions office with thousands of others as U-M lawyers prepare to appeal a federal judge's ruling that the school's race-conscious admissions policy is unconstitutional. On Wednesday, U-M lawyers filed a motion to put on hold an injunction issued Tuesday by U.S. District Judge Bernard Friedman, barring the law school from using race as a factor in its admissions process. See article U-M Law School Admissions Stall.

Appeals Process:

• U-M race policy declared illegal; Bollinger calls ruling 'an American tragedy
• U-M seeks delay, appeal in race ruling; Effect on current admissions process unclear; defense has cost more than $4.3 million so far
• High court test looms for affirmative action; Mich. Case highlights demands for review
• April 6, 2001: A federal appeals panel ruled yesterday that the University of Michigan's law school could continue using affirmative action in admissions pending the appeal of a lower court ruling last week that its policy illegally considers applicants' race. The unanimous decision by a three-judge panel of the United States Court of Appeals for the Sixth Circuit, in Cincinnati, overturned a ruling earlier this week that denied the university's request for a temporary delay in ending the policy. That means the law school may proceed with this year's admissions on schedule. See article Law School Wins Reprieve on Admission Policy.

Diverse Opinions on the Court Ruling:

• Affirmative Reaction: ONLY THREE months ago, a federal court in Detroit upheld the University of Michigan's race-conscious undergraduate admissions policy. Last week a different judge on the same court struck down a similar policy at the university's law school. The core question the two cases pose is the same: Is ensuring a diverse student body an adequate reason for a state university to give preferential consideration to minority applicants?
• USA Affirmative action in jeopardy; Racial preferences are in serious legal trouble after losing again in court this week, leaving their status murky.
• Affirmative Action Hanging by a Thread
• Racial Profiling In University Admissions
• Racial Preferences Are Dangerous
• Sorting out the Value of Diversity at Colleges
• Race and the Uses of the Law
• Tap Diversity, Not Race

  ---

  News and Announcements | AAD Home Page

  Carl Gutiérrez-Jones,

  Department of English

  University of California

  Santa Barbara, CA 93106

  E-mail: carlgj@humanitas.ucsb.edu