In an ongoing drama, the University of Michigan announced it will ask the U.S. Supreme Court not to consider an appeal of an affirmative-action decision the university won in a federal appeals court last May.
According to Martin Sweet, a University of Wisconsin lecturer in political science, the university’s decision to challenge the appeal is not surprising.
“Typically, what happens is the losing side tells the U.S. Supreme Court, ‘Hey, this is an important issue in the country,’ while the winning side tries to minimize the national importance of it as a way of getting the court not to take it,” Sweet said.
In 1997, the 6th U.S. Circuit Court of Appeals ruled in Grutter vs. Bollinger that the University of Michigan could consider race in its admission policies to ensure a diverse student body. A white woman sued the university after she was denied admission to law school.
Mary Sue Coleman, UM president, said academic institutions striving to achieve diversity bring “more vigorous debates and discussions.”
In a statement released Sept. 18, Coleman said diversity in education “reflects the fact that race still matters in American society.”
“Recognizing the educational benefits of diversity does not mean that we equate a person’s race with a particular point of view,” Coleman said. “It reflects the fact that race still matters in American society, as it influences our perceptions about the world and the people around us ? that is really why the 6th Circuit [Court] in the law school case — and the district court in the undergraduate case — have reaffirmed that the university’s admissions policies are constitutional and fair.”
According to the Center for Individual Rights, a non-profit group that sued the law school and asked for a Supreme Court review, the university is challenging the appeal to avoid a reversal in the case.
Sweet said if the decision went to the Supreme Court, there would be many factors that play into the decision.
“It looks like there are four, if not five, people on the court who would want to change [the verdict in the UM case]. In the court there is this thing called the rule of four,” Sweet said. “Four members of the court decide if they want to take a case and if four want it, they take it. You don’t need five.”
“The decision will probably come out against affirmative action in its direction and strike down the Michigan program, but would leave the door open,” Sweet said.
David Leo-Lopez, a professor of policy, planning and development at the University of Southern California, said affirmative action is needed in schools, as test scores do not accurately reflect a person’s intelligence.
“Schools need affirmative action. Tests are not written for the masses — they neglect minorities,” Lopez said. “It’s been proven that people who score lower on standardized tests do as well as those people who score higher in the workforce.”
Lopez was president of Los Angeles’ Community College District Board of Trustees for more than 10 years. Lopez said he ignored commands to remove affirmative action in the district during his tenure.
Lopez said the entire debate over affirmative action in California is driving some students to out-of-state colleges, but said many are slowly returning as it becomes apparent universities across the state are “silently” ignoring the law.
Across the nation, different appeals-court circuits have issued varying rulings on affirmative action in admissions policies. In Louisiana, Mississippi and Texas, the 5th Circuit Court ruled affirmative action was illegal.
Sweet said he wouldn’t be surprised if the Supreme Court decided to take the case because of varying rulings in the lower courts, but also said affirmative action is not going away any time soon.
“I would be shocked if they said affirmative action could never be used. The court wouldn’t do that,” Sweet said. “What [it] would do instead is say affirmative action is limited in certain circumstances, and here they are.
Sweet said UW wouldn’t see much change in its student make-up if the Supreme Court struck down affirmative action.
“I don’t think you would see much change on the ground here,” Sweet said. “Universities and the government are very creative in trying to comply with the decision and getting their desired end. If the University of Wisconsin wants affirmative action, [it] could find a way to do so.”