Coalition to Defend Equal Opportunity

BUSH AND THE UNIVERSITY OF MICHIGAN ADMISSIONS CASES

Bush announced that his administration would file briefs with the Supreme Court supporting people who want to overturn the University of Michigan's admissions policies. Michigan, like most top universities in America, uses race as one of many factors in considering potential students. However, instead of supporting policies of American higher education institutions that have produced important increases in minority enrollment, Bush chose to pander to his conservative base and potentially slashing the number of minority students who get admitted to top universities.

BACKGROUND OF THE MICHIGAN ADMISSISONS CASES

University Of Michigan Cases Involve White Students Who Claim Their Admissions Were Rejected in Favor of Lesser-Qualified Minorities. The two University of Michigan cases, -- Gratz v. Bollinger and Grutter v. Bollinger -- that the Supreme Court will hear were brought by two white applicants to Michigan's undergraduate and law schools. Both applicants were rejected for admission by Michigan and subsequently sued the school, claiming they were better qualified than African Americans and Hispanics who were admitted to the school. [Wall Street Journal, 1/16/03, 12/2/02]

Grutter V. Bollinger -- Law School Admissions Case against Michigan. The case involving Michigan's law school admissions policy was brought by Barbara Grutter in 1997 after her application for admission was rejected. Grutter alleged that the school's use of race-based preferences in its admissions policy played a role in her rejection and was unconstitutional. A federal trial judge ruled in favor of Grutter but that decision was reversed in May 2002 by the Sixth Circuit U.S. Court of Appeals. The Sixth Circuit cited Supreme Court precedent that allows the use of race as one of many factors and said that Michigan's "law school has a compelling state interest in achieving a diverse student body." [Wall Street Journal, 12/2/02]

Gratz v. Bollinger -- Undergraduate Admissions Case against Michigan. The undergraduate admissions case against Michigan was filed by Jennifer Gratz and Patrick Hamacher, two white residents of Michigan. They sued the school after being denied admission to the school under its admissions policy that uses a 150-point scale to rate applicants. Minorities, as well as applicants from low-income backgrounds, automatically receive 20 points. A federal judge rejected the plaintiffs' claim of discrimination and the case was appealed to the Supreme Court before the Sixth Circuit Court of Appeals could rule on it. [Wall Street Journal, 12/2/02; Statement by University of Michigan President Mary Sue Coleman, 1/15/03

1978 Bakke Decision Outlawed Quotas but Allowed Race to Be Used as One of Many Factors. The last significant Supreme Court ruling on affirmative action was the landmark 1978 University of California v. Bakke case which outlawed the use of quota systems to achieve racial diversity at public schools. In that case -- decided 5-4 -- the Court ruled that public schools could use race as one factor among many when making admissions decisions. Since the 1978 ruling, however, lower court rulings have been divided over what type and degree of racial preferences were permissible. [Wall Street Journal, 1/16/03, 12/2/02]

BUSH IS WRONG ABOUT MICHIGAN'S ADMISSIONS POLICIES

RHETORIC: Bush Said Michigan Admissions Policies "Amount to a Quota System." During his announcement that his administration would oppose the University of Michigan in its affirmative action cases before the Supreme Court, Bush said that Michigan's admissions policies "amount to a quota system that unfairly rewards or penalizes prospective students based solely on their race." [New York Times, 1/16/03]

Bush Called Michigan Program a "Quota System" for Political Impact. Bush's use of the word "quota" to describe Michigan's admissions policy was part of a careful political calculation because of the strong negative reaction the word elicits in polls. [New York Times, 1/16/03]

REALITY: Michigan's Admissions Policies Conform with Bakke Ruling, Use Race as One of Many Factors. Race is not the only consideration used in Michigan's undergraduate and law school admissions policies. The Michigan undergraduate system, for example, awards 110 of the 150 points in its admissions scale based entirely on academic considerations. As many as 80 points are awarded to applicants based on their high school grades alone. Geographic diversity, socioeconomic background, leadership, service and life experience are other factors that are accounted for in the admissions rating scale. [Statement by University of Michigan President Mary Sue Coleman, 1/15/03]

Michigan President Named in Case Said School's Policies Were "Virtually the Same" as Many Other Universities'. Lee C. Bollinger, president of the University of Michigan when the litigation began, said that Bush was "simply incorrect" to call Michigan's admissions policies quotas and that they were the same as most top universities. Bollinger said that Bush used the quota label "to try and isolate a program and make it seem exceptional, but the fact of the matter is that Michigan's program is virtually the same as those of selective universities across the country." [New York Times, 1/16/03]

	RHETORIC: Bush Said Schools Should Consider a Broad Range of Factors in Admissions. "Schools should seek diversity by considering a broad range of factors in admissions, including a student's potential and life experiences," Bush said. [Bush Remarks, 1/15/03]
	REALITY: Michigan's Admissions Policies Already Consider a Wide Range of Factors. Michigan's admissions scale takes into account various factors, including high school grades, standardized test scores, geographic diversity, socioeconomic background, leadership, service and life experience. [Statement by University of Michigan President Mary Sue Coleman, 1/15/03]
	RHETORIC: White House Official Said Programs Should Promote Diversity without Considering Race. A White House official who briefed reporters on the Michigan cases after Bush's speech said that Bush wanted schools to promote diversity without taking race into account. "What the president has said is, we need to try, if at all possible, to promote the broadest amount of diversity without taking race into account," the official said. [Washington Post, 1/16/03]
	REALITY: Bush Made Decision after Conferring with Officials Who Said Ignoring Race in Admissions Was Not Realistic. Bush made his decision to intervene in the Michigan case after a series of discussions with high-ranking White House officials, including political director Karl Rove and National Security Adviser Condoleeza Rice. The officials agreed that ignoring race in admissions decisions was not realistically possible. "Obviously, race is a factor we take into account throughout our society," said a senior White House official involved in the discussions. [Wall Street Journal, 1/16/03]
	REALITY: Bush's Personnel Director Acknowledged That the White House Considers Race in Hiring Decisions. Bush's personnel director Clay Johnson acknowledged that the White House uses race as one factor in making appointments and hiring decisions. "The president is very committed to diversity of thought, of professional background, of geography, ethnicity and gender," Johnson said. "It's a constant challenge." Johnson said that hiring decisions revolved around ensuring diversity in different departments. "So it's how that team is going to look," Johnson said. "What is the diversity of that team? . . . You look for people who have particular strengths or diversity or they have a demonstrated position on this or a strong management position. It's a wide variety of things. It's a big puzzle." [Washington Post, 3/30/01]
	REALITY: RNC Leaders Promised to Set Benchmarks for Hiring Minority Staff. In a meeting with African American Republicans, party leaders promised to set benchmarks to gauge how well the party is doing in hiring African American staff, promoting African American GOP candidates and acting on issues of concern to African American voters. The promises came during a meeting between leading African American Republicans and party leaders, including Senate Majority Leader Bill Frist and RNC chairman Marc Racicot, came in the wake of the scandal caused by Senator Trent Lott's remarks about Strom Thurmond's segregationist campaign. [New York Times, 1/14/03]

MAJOR CORPORATIONS, EDUCATORS AND EVEN SOME REPUBLICANS SIDE WITH THE UNIVERSITY OF MICHIGAN

33 of the World's Largest Corporations Filed Amicus Briefs in Support of Michigan. When the Michigan cases were pending before the Sixth Circuit Court of Appeals, 33 of the world's largest corporations filed amicus curiae briefs on behalf of the University of Michigan. The corporations included: 3M, Abbott Laboratories, American Airlines, Boeing, Coca-Cola, Dow Chemical, DuPont, Eastman Kodak, Eli Lilly, Ernst & Young, Fannie Mae, General Dynamics, General Mills, General Motors, Intel, Johnson & Johnson, Lucent, Microsoft, Proctor & Gamble, Texaco and United Airlines. [University of Michigan press release, "Affirmative action cases get more support from many groups," 5/31/02]

35 Education Groups Signed a Letter Asking Bush to Back Michigan in Affirmative Action Cases. Thirty-five associations and groups representing higher education signed a letter to Bush asking him to file an amicus curiae brief supporting Michigan's admissions policies. The January 10th letter cited the benefits of diversity in higher education and said that "The freedom to pursue diversity is especially worthy of protection because diversity benefits all students." [Association of American Universities letter, 1/10/03, http://www.aau.edu/education/HigherEdLtr1.10.03.html]

Four Moderate GOP Senators Asked Bush Not to Intervene Against Michigan. Four moderate GOP senators wrote a letter asking Bush not to intervene against Michigan in the cases. Senators Arlen Specter (R-PA), Olympia J. Snowe (R-ME), Susan Collins (R-ME) and Lincoln Chaffee (R-RI) said in the letter that schools should be allowed to directly consider race in their admissions policies. "Many Republicans throughout the nation believe that diversity should be recognized as a compelling government interest in the admissions policies" of universities they said in the letter. [New York Times, 1/16/03]

POTENTIAL IMPACT OF BUSH'S DECISION ON AFRICAN AMERICANS AND HISPANICS

Purely Merit-Based Admissions System Could Lead to Resegregation in Higher Education. Replacing current admissions systems that consider a wide variety of factors -- including race, socioeconomic background and academic prowess -- with a purely merit-based admissions system would favor students from good high schools and affluent, English-speaking families. As a result, most of America's top higher education system would probably experience a resegregation. A Supreme Court ruling supporting Bush's position on the Michigan cases could lead to such admissions systems being instituted across the country. [Wall Street Journal, 1/16/03; Mary Sue Coleman op-ed, Washington Post, 12/15/02]

Supreme Court Ruling Supporting Bush's Position Could Limit Financial Aid and Minority Outreach in Higher Education. A Supreme Court ruling in favor of Bush's position in the Michigan cases could limit schools' ability to help minorities through financial aid, mentoring and outreach programs. [Mary Sue Coleman op-ed, Washington Post, 12/15/02]

Supreme Court Decision Restricting Schools Ability to Consider Race Could Cut Minority Enrollment. Any Supreme Court ruling that prevents or limits schools from considering race as one factor in admissions policies could significantly cut the number of African Americans and Hispanics at the country's top schools. Currently college enrollment is at record levels and the growth in enrollment has grown fastest among minorities. [Wall Street Journal, 1/16/03; 12/2/02]