Japanese version, here
Shoji Sugita
Preface
・ Grutter v. Bollinger University of Michigan Law School
・ Gratz v. Bollinger University of Michigan
In a 5-4 decision announced on June 23, 2003, the Supreme Court upheld the affirmative
action policy, Justice O'Connor's majority opinion held that the Constitution "does
not prohibit the law
school's narrowly tailored use of race in admission decisions", but struck down the undergraduate
school's points-base plan in 6-3 decision. The Court took the middle way with affirmative
action.
Some states may be forced to rethink policies that eliminate race as a factor in college admission
following the Supreme Court decision on affirmative action.
I have already described the outlines of the Decisions and have put
them on my homepage(No. 87)
in Japanese, but here I will decribe them in English as follows.
T Outlines of the Decisions
The Court divided in both cases. It upheld the law school program
that a "critical mass" of minorities
by a 5-4 vote. And the Court split 6-3 in finding the undergraduate
program unconstitional, for it sets
no fixed target for the number of minority students who should get
in, the point-base evaluation
system gave minority applicants a 20-point boost, and they were categorized
by race and African-
American, Hispanic, and American-Indian applicants and were automatically granted 20-point
bonuses to their selection scores on a scale of up to 150.
○ Grutter case
United States District Court - Eastern District of Michigan, Filed March
27, 2001
U.S. Court of Appeals - 6th Circuit,
Filed: May 14, 2002
United States Supreme Court, Cert. Granted: December 2, 2002
United States Supreme Court, Decided: June 23, 2003
In summary, the Equal Protection Clause does not prohibit the Law School's narrowly tailored use of race in
admissions decisions to further a compelling interest in obtaining
the educational benefits that flow from a
diverse student body. on writ of certiorari to the united
states court of appeals for the sixth circuit
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=000&invol=02-241
○ Gratz case
U.S. District Court - Eastern District of Michigan, Opinion, Filed: February
26, 2001
U.S. District Court - Eastern District of
Michigan, Order, Filed: February 26, 2001
U.S. Court of Appeals - 6th Circuit, Order
affirming stay of injunction, Filed: November 16, 2001
United States Supreme Court, Cert. Before Judgment
Granted: December 2, 2002
United States Supreme Court, Decided: June 23,
2003
We conclude, therefore, that because the University's use of race in its current freshman admissions
policy is
not narrowly tailored to achieve respondents' asserted compelling
interest in diversity, the admissions policy
violates the Equal Protection Clause of the Fourteenth Amendment.22
We further find that the admissions
policy also violates Title VI and 42 U. S. C. § 1981.23
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=000&invol=02-516
No. 02-516. Argued April 1, 2003
U Points of the Decisions Process
○ The Bakke decision (The University of California Affirmative) paved
the way for widespread "Modernization"
of university and graduate school affirmative action plans. Immediately
after Bakke was handed down,
many colleges and graduate schools modified their affirmative action
plans to make them more like the
"Harvard Plan" and less like U. C. Davis Medical School's.
Thus, many schools eliminated rigid quotas and set-asides. They considered racial or ethnic
diversity much as the would other subjective factors like geographical
diversity, "legacy" status, life
experience, particular talents, ideological perspectives, and
the like.
○ Bush: Use of race in admission is "divisive". (The Washingto Post(1/16/2003)
President Bush filed a brief with the Supreme Court denouncing
affirmative action policies at the
University of Michigan. Bush said affirmative action does not promote
diversiy, rather, such policies
"create annother wrong and thus perpetuate our divisions,"
○ From high-profile backers (The Boston Globe (2/18/2003)
More than 300 organizations representing a broad spectrum of industries and about 30 of the nation's
top military officials said they would file briefs with the U.
S. Supreme Court supporting the University
of Michigan's affirmative action is essential to creating diversity
in the military and the the workforces.
V Key points
○ Race is a factor, but is it a positive factor for admission in
higher education ?
Should it be regarded as highly as high school grades, standardized test scores, high school
quality,curriculum strength, geography, alumni relationships, leadership etc?
○ soft variables
○ less prominance
○ critical mass
Not only minorities students, but white students, might benefit
from the condition of "soft" factor:
white student from a blue-collar background, for instance, might
also be predicted to outperform
his or her "hard number" as well as add diversity to
the class.
○ Each student's academic strength, personal acievement and life
experiences are given considerations,
but the most overwhelming criteria used in making admission decisions
are academic qualifications.
But is there too much interest of diversity in society or even
in higher educaton in the U. S.?
Japan, fortunately or unfortunately, is like a homo-racial country, so
the most
overwhelming criteria used in higher education admissions are academic
quafications etc.
W Other admission policies
I accept the following admission policies.
○ For example, states like Texas (Texa's 10% Plan) and Florida have adopted a law mandating that
the top students at every state high school be admitted to their
state universities. The idea behind
these laws is that for instance, a high total number of black
students will be admitted to state colleges,
because a certain number of slots for students from every high school-including
predominantly black high
school- will be guaranteed.
○ Boston diversity and admissions- A new policy In 1996, the District adopted a new
admission policy that permits students to apply to one or more
of the three examination schools and
become part of the applicant pool for each school to which the
student had applied.
To be eligible for admission to an examinations schools, a student
must rank in the top half of the
applicant pool for that school. The rest of the applicants are
assigned according to composite score
rank in proportion to racial and ethnic mix of the school's remaining
applicant pool, using the U. S.
Department of Education Office or Civil Rights' five racial and
ethnic categories: white, black, Hispanic,
Asian and Native American. The Boston School Committee calls this formula "flexible racial/ ethnic
guidelines. (American School Board. Feb.2003)
Comment (My consideration)
For the admission decision in higher education, qualification should be the most important
factor, and the narrowly tailored use of race should be allowed
with the Equal protection Clause.
Perhaps we should consider race as much as other factors like
geographical diversity, "legal" status,
life experience, paticular talents, ideological perspectives, etc. In K-12 grade, race should be
considered a little more than in higher education's, and Texa's
10% Plan and Boston's Admission Plan
would be acceptable to coincide with the Equal Protection Clause
of the Fourteenth Amendment.
Described on July 2, 2003