Analysis of Oral Arguments Justices may ask U-M to alter rules
Wednesday, April 2, 2003
Analysis of Oral Arguments Justices may ask U-M to alter rules
WSU law professor: School might have to set diversity limit
By Margarita Bauz‡ / The Detroit News
The U.S. Supreme Court could decide that diversity is a compelling interest in university admissions but ask the University of Michigan to tailor programs more precisely, said Wayne State law professor Bob Sedler. Sedler"A lot of questions were being asked about the undergraduate program and the matter of critical mass," said Sedler, commenting Tuesday on arguments before the high court on U-M affirmative action policies.
When asked about the undergraduate system that awards 20 points to minority students, U-M attorney John Payton told justices the system is necessary to achieve a significant number -- or a critical mass -- of minority students.
The university says diversity is essential because most students grew up in segregated neighborhoods and had little contact with other races. "I think it's very interesting that he made a point that many students are from Detroit and that many of those students are never in contact with students of a different race," he said.
It was a powerful argument that helped make U-M's specific rules appear responsive to its surrounding communities, he said. The justices' focus on the point system is telling, he said, because they could find the system unconstitutional if it too closely resembles a quota, he said. Sedler said the oral arguments were predictable and that it's difficult to say how the court would rule based on them.
Since so many questions centered on the point system and on specifics of admissions programs, Sedler believes the court will be specific about ruling on the constitutionality of programs and not on the issue of the benefits of diversity. "They are very much aware that affirmative action is widespread," Sedler said. "There's a lot of concern about the details of this program."
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