Calling the University of Michigan’s admissions policies “fundamentally flawed,” President Bush announced his administration would file a brief with the Supreme Court opposing it.
“At their core, the Michigan policies amount to a quota system that unfairly rewards or penalizes prospective students based solely on their race,” he said. “Our Constitution makes it clear that people of all races must be treated equally under the law.”
The Supreme Court announced a few months ago it would review the university’s policies to make sure they’re constitutional, after three white students filed a reverse discrimination case. The Court banned racial quotas in 1978 but left a foot in the door for administrators to still use race as a factor.
In the friend-of-the-court brief filed yesterday, Solicitor General Theodore Olson wrote: “The court should hold that the university’s race- and ethnic-based undergraduate admissions policies are unconstitutional because proven race-neutral alternatives to achieving the laudable goals of educational openness and diversity remain available.”
The brief stops short of asking the Court to outlaw affirmative action in admissions altogether.
Under the University of Michigan program, African American, some Hispanic students and Native American students applying for admission receive 20 points out of a maximum 150, soley based on race.
In comparison, applicants earning perfect scores on standardized tests such as the SAT get only 12 points under the Michigan system.
According to Bush, some minority students at the law school are admitted to meet percentage targets, while other applicants with higher grades and better scores are passed over.
“This means that students are being selected or rejected based primarily on the color of their skin. The motivation for such an admissions policy may be very good. But its result is discrimination, and that discrimination is wrong,” said Bush.
University of Michigan President Mary Sue Coleman argues that to do away with their system would be to “turn back the clock on civil rights.”
White House Counsel Alberto Gonzales deflected the charge on CBS’ “Early Show” this morning.
“The White House does not have a problem with the goal of diversity. As he said in his satement, he believes diversity … is a very important goal. … What we disagree with is the manner in which that diversity is achieved in this case. And what the president would like to see happen is to have universities attempt race-neutral means to achieve the very important goal of diversity,” Gonzales said.
The president lauded “race-neutral” admissions policies in states like California, Florida and Texas that guarantee admissions to the top students from high schools as achieving racial diversity.
Democrats reacted sharply to Bush’s decision.
Rep. Dick Gephardt, D-Mo., announced he would file his own brief with the court.
Meanwhile, Senate Minority Leader Tom Daschle, D-S.D., drew a subtle comparison between Bush’s comments to the controversial remarks made by former Senate Majority Leader Trent Lott, R-Miss., in support of the 1948 segregationist platform of then-presidential candidate Strom Thurmond. Lott’s comments sparked a political firestorm, ultimately forcing him to step down from his leadership post.
“Once again today, the administration as shown as clearly by their actions as anyone can, that they will continue to side with those opposed to civil rights and opposed to diversity in this country,” said Daschle from the floor of the Senate.
