News

Taking Supreme Action

by Black Issues , April 24, 2003

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Taking Supreme Action
Michigan proceedings offer some hope that the U.S. Supreme Court will affirm the use of race in academic admissions, say affirmative action proponents. But critics are more skeptical.
By Ronald Roach

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WASHINGTON

Following the oral arguments heard by the U.S. Supreme Court in the University of Michigan cases earlier this month, affirmative action proponents say the proceedings offered some hope that the court will affirm the use of race in academic admissions.

Reaction to the oral arguments largely focused on the questions and comments of Supreme Court Justice Sandra Day O'Connor given that analysts say her stance on the constitutionality of affirmative action plans at the University of Michigan will prove pivotal to the outcome.

"I think that the government's argument [that race shouldn't be considered in admissions] is too extreme for the court," said Columbia University president Lee Bollinger during a luncheon speech at the National Press Club in Washington, D.C. on April 2.

Bollinger, who was president of the University of Michigan when it was sued for failing to admit three White students, says he's confident the court will uphold the university's affirmative action policies. He believes the court will be convinced that race should be considered in order to improve a university's social and educational atmosphere.

"We think that this is the way that America will be stronger," Bollinger said. "The people who have learned in this environment will be better able to cross boundaries in society that exist to this day."

As an example of her openness towards affirmative action, legal analysts have pointed to O'Connor's question asking plaintiff attorney Kirk Kolbo how being White caused a plaintiff to be denied admission to the University of Michigan. When the lawyer said that race could never be used as a factor, O'Connor responded, "You have some precedents out there that you have to come to grips with." Later, she added, "You are speaking in absolutes and it isn't quite that. I think we have given recognition to the use of race in a variety of settings."

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