Will Court reconsider affirmative action?
April 6, 2003
The Supreme Court is battling with the issue of affirmative action admission policies in universities.
Opponents of affirmative action appeared before the Supreme Court on April 1 to argue their case.
The two cases at hand involve the admissions policy of the University of Michigan, which admits students based on a 150-point scale.
The New York Times reported the university’s undergraduate admissions program gives an automatic 20 points to applicants who are black, Hispanic or American Indian.
The first case involves Barbara Grutter and the rejection of her 1995 application to the university’s law school.
Another plaintiff, Jennifer Gratz, filed suit after the denial of her admission to the school also in 1995.
“They are alleging that they were discriminated against because they are white,” said LeRoy Pernell, dean of NIU’s college of law.
Brian Thornton, associate communication professor, said the plaintiffs argue that whites have to clear certain hurdles that minorities don’t.
CNN reported in December that Supreme Court justices will need to decide if a state has a “compelling interest” to maintain diversity of the university’s student body. Another issue brought before the court is whether or not the Equal Protection Clause of the 14th Amendment forbids the special treatment of one group of people over another.
Admasu Zike, NIU associate vice provost for academic support and interim director for affirmative action and diversity resources, said minorities have been thinking that the courts and have been against them for a while. He added that the termination of affirmative action admittance policies will affect minorities negatively.
“It would drastically affect the minorities’ chance to get to go to these schools in terms of numbers,” he said.
The NIU 2002-2003 undergraduate catalog states that “NIU does not discriminate on the basis of race, color, religion, sex, age,” etc.
Robert Burk, director of NIU admissions, said NIU does not operate on a point scale like the University of Michigan, but NIU does have CHANCE, an alternative admissions program.
CHANCE looks at high schools that serve lower income students and admits 500 students who may not meet the requirements of NIU, he said. CHANCE students are required to meet with CHANCE counselors throughout their first year to ensure their academic success.
Burk said minority admittance has not prevented non-minority students from being admitted to NIU, but he has heard a few parents complaint about the CHANCE program in the past.
Pernell said in order for the plaintiffs to win, they will have to give some indication that they would have been admitted if the extra 20 points weren’t awarded to minorities.
Zike said he does not have a problem with the affirmative action policies that already are in place.
“Nobody has come up with a better way to do it,” he said. “Even those who oppose it haven’t come up with a better way to do it. It’s the best we have so far.”
Thornton said diversity is not just an issue of race.
“Diversity is a whole harder concept to get at,” he said.
Thornton said the ruling probably will be made this summer, and if the Supreme Court rules in favor of the plaintiffs, the decision will impact the entire country.
Burk said the decision potentially could affect the CHANCE program and the Presidential Scholarship that NIU offers to minority students. Both may have to use income as the sole deciding factor in scholarship awards and CHANCE admissions.
Thornton said the decision will be tough.
“Both sides are well-intentioned,” he said. “I don’t think you are going to find villains on either side.”