Is
affirmative action in education dead?
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(NNPA)�A Michigan federal judge�s call for an
end to all race-based admissions policies at the state university�s law
school may signal the end of higher education�s quest for racial
diversity through affirmative action, Black leaders and analysts said.
U.S. District Judge Bernard A. Friedman�s March 27
ruling has effectively stopped the University of Michigan Law School
practice of using race as one factor for accepting students to achieve
diversity at the institution.
Critics have complained that the university accepts
non-white students with lower test scores and grades than whites. The
Center for Individual Rights brought the suit on behalf of Barbara Grutter,
a white student, who said she was unfairly denied admission in 1997
because "minority" students with lesser qualifications received
preferential treatment.
University of Michigan President Lee C. Bollinger
counter-argued the decision "conflicts with settled Supreme Court law
and the policies of virtually every selective university in the country
for nearly 30 years. It rejects Justice Powell�s 1978 opinion in Bakke.
It is also contrary to the December decisions of Judge Duggan regarding
our undergraduate admissions and the Ninth Circuit Court of Appeals in the
University of Washington case.
"Our policy is fully constitutional. I remain as
confident today as I was in 1992 when our policy was adopted that pursuing
educational excellence through diversity is a compelling governmental
interest. Like Brown v. Board of Education, the Bakke decision has served
our country and our educational institutions well. We must not abandon the
course at this stage of our nation�s history," Mr. Bollinger said.
The Supreme Court may rule on race-based enrollment in
about a year and bring the issue to a political and legal climax.
With the most recent ruling, Michigan joins
universities in Texas, Louisiana, Mississippi, and elsewhere who have been
ordered by federal courts not to have race-linked admissions policies,
reversing decades of racial integration attempts that were hard-won
products of the civil rights movement.
The Rev. Jesse Jackson, who led a demonstration at the
University of Michigan two days after the ruling, said, "University
deans of admissions have always chosen from a variety of criteria: special
talents, athletics, geography, legacies, music, science skills, and the
ability to pay tuition. To consider everything in admissions but the
source of American shame�race�is a shame."
Judge Friedman�s ruling is in direct contradiction
with an earlier ruling supporting the school�s undergraduate affirmative
action program. That decision, by U.S. District Judge Patrick J. Duggan,
called the program constitutional.
The conflicting nature of the decisions is likely to
lead to having a case argued before the Supreme Court. The current legal
climate caused the University of Massachusetts and other universities to
voluntarily demolish their own race-based criteria, fearing legal action.
"With such competing rulings, I am almost certain
that this will end up in the Supreme Court and I�m not optimistic about
the outcome," said George Curry, a political writer and former editor
of now-defunct Emerge magazine.
If the high court were to hear such a case, it would be
the first time it ruled on affirmative action as it related to higher
education. But its recent actions may show some of the court�s logic.
The court recently reopened the affirmative action
debate when it allowed a white contractor, Adarand Constructors, to
challenge federal laws designating Black-owned and other non-white-owned
companies as "disadvantaged" businesses.
These laws, which allowed Blacks and others to
successfully compete for highly lucrative contracts for the first time,
greatly helped build the Black middle class over the last three decades.
Political analyst and University of Maryland professor
Dr. Ronald Walters noted the Adarand case, which is scheduled to be argued
in the fall, could certainly become a factor in higher education
admissions. "It appears that we are headed down the road to the end
of affirmative action�at least as far as state institutions are
concerned," he said.
(Final Call staff contributed to this report.)
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