Whose battle?

New Crisis, The, May/Jun 2002 by Coleman, Trevor W

THE CASE

Curt Levey, director of legal and public affairs for the Center For Individual Rights, says it's too early to discuss CIR's next move, but the organization and the plaintiffs are in the battle for the long haul. He disagrees that white women benefit from affirmative action. "In admissions, white women don't benefit at all," he says. "In fact, they are hurt by it because 53 percent of all undergraduates are women. So white women are hurt by affirmative action in admissions."

Grutter, who didn't get into Michigan's Law School when she applied in 1997, claims racial considerations kept her out.

There is a separate suit pending against UM. Jennifer Gratz, who was not admitted in 1995 (but was wait listed), makes a charge similar to Grutter's in her case against the Ann Arbor undergraduate program. Patrick Hamacher, who also applied unsuccessfully for the undergraduate program at Ann Arbor in 1997 has joined the suit. The Sixth Circuit is expected rule on their case in the weeks following the Grutter decision.

Levey describes Grutter, a 48-year-old health care consultant from Plymouth, Mich., as upset that she faces discrimination in the workplace as a woman. She brought the suit, he says, to abolish the discrimination she faces because she is white. "She already suffers one form of discrimination [gender], she doesn't need to suffer another," he explains.

All of the plaintiffs, who are seeking monetary damages, argue the admissions policy unlawfully discriminated against them and probably altered the course of their lives. Grutter remains in Michigan with her family. Gratz, now 24, graduated from the University of Michigan-Dearborn in 1999. She now lives in San Diego, where she works for a software company. Hamacher, 23, graduated from Michigan State University in 2001 and is an accountant in Flint, Mich.

BACK TO BAKKE

Beyond the quantitative criteria of grade-point averages and LSAT scores, Michigan uses subjective criteria applied by most college admissions committees. Throughout the country, preference is often given to students who are children of alumni, reside in a certain state or part of the country, or possess exceptional talent in art and music. Even demonstrated character traits, such as leadership and volunteer service, are taken into account. Being female, in a traditionally male field, or male in a traditionally female field also may be taken into consideration.

At Michigan, officials have insisted that all of those who are admitted to the university meet a high level of achievement and performance, even if some students are admitted ahead of others who have higher grades and test scores. In fact, testimony in the case against Michigan showed that there were many white students admitted to the university who had test scores and grades that were lower than plaintiff Jennifer Gratz's. In 1995, the year Gratz applied to UM, of the students admitted with lower scores and grades, 1,243 were white (46.7 percent) and 725 were Black (27.2 percent).