Judge: U. of Mich. Can't Amend Past
Wednesday February 28 7:37 PM ET
By JOSEPH ALTMAN Jr., Associated Press Writer
DETROIT (AP) - The University of Michigan does not need to use affirmative action in its admissions policies to remedy the effects of past discrimination, a federal judge has ruled. U.S. District Judge Patrick Duggan had ruled in December that the school's undergraduate admissions standards, used since 1999, are a constitutional way to achieve diversity.
The decision released Wednesday rejected arguments by students who had joined the lawsuit. ``The bottom line they were trying to achieve ... has already been achieved,'' said Liz Barry, associate University of Michigan vice president and deputy general counsel. Miranda Massie, an attorney for the student coalition, could not immediately be reached for comment.
Under its 1999 standards, the university grades applicants on a 150-point scale. Blacks, Hispanics and American Indians get 20 points for their race. Points also are awarded for athletic participation, quality essays, children of alumni, geographic origin and other criteria. The university and the group of students argued to preserve the standards after two white students who were denied admission sued in 1997.
The Washington-based Center for Individual Rights argued on behalf of the two white students that the school's use of race was discriminatory. In his order dated Monday, Duggan said the student coalition cited no evidence that the university's race-conscious admissions policies were intended to remedy discrimination by the university, or that race-conscious admissions policies are necessary to correct past discrimination.
``The policy has been upheld,'' Barry said. ``This is simply an opinion of the alternative theory.'' A separate lawsuit over the University of Michigan law school's admissions policy is pending.
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