U-M Case Students have huge stake in high court's decision U-M Case Students have huge stake in high court's decision
March 1, 2003
Ideally, the minority students who have intervened in the legal battle over affirmative action at the University of Michigan would get their say before the U.S. Supreme Court. After all, it was for them that affirmative action was created, and they stand to lose the most if the practice is scrapped. Unfortunately, the U.S. Supreme Court is not an ideal world, but a venue for limited argument on constitutional issues.
Unlike lower courts, the Supreme Court rigidly sticks to its half-hour, one-lawyer per side allotment. Justices make exceptions when the federal Department of Justice wants to weigh in, but rarely otherwise. Even then, the court doesn't extend the overall hour; the justice department must split time with the side it joins. So the court is unlikely to add extra minutes, although it should hear these students' persuasive reasoning. And it would be almost unprecedented -- and worse -- to take any of an unwilling U-M's half-hour.
Thirty minutes is precious little time to make an argument of this magnitude, especially with justices peppering lawyers with questions. If the university doesn't have time to make a strong case, and the students get even less, neither might be persuasive. Both need the court to uphold affirmative action. It will be up to U-M to make winning arguments, for itself and on behalf of these students.
They should not be denied an equal shot at college because society has yet to figure out a way to address the inequities visited upon minorities for generations, including the continued sad state of urban education. It's a tough lesson for the students, but at least they have made their case through friend-of-the court briefs and arguments before lower courts.
Outside the halls of justice, they're protesting in Detroit today and will join throngs of others to demonstrate in Washington. Even if students don't get a say in court, the justices will have no question where they stand. This broad support underscores the importance of affirmative action to the nation's welfare.
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