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LAST UPDATED ON

June 24, 2003

 

  • Monday's U.S. Supreme Court rulings that colleges may use race-conscious admissions policies - - so long as they consider applicants as individuals and do not automatically give some an edge - - left both supporters and critics of affirmative action claiming victory. In two cases involving the University of Michigan at Ann Arbor, the court held that the consideration of race and ethnicity in admissions serves a compelling government interest. Nevertheless, the court struck down the admissions policy at Michigan's chief undergraduate college as not narrowly tailored to meet such a compelling government interest, because the policy treated whole groups of applicants differently based solely on their race. The university, and many of its supporters in higher education, cheered the rulings as leaving the door open for colleges to continue to consider race in admissions. "It is a huge victory," said Marvin Krislov, the University of Michigan's general counsel. "Affirmative action is still alive." Critics of affirmative action said the decisions narrowed the court's definition of the sorts of race-conscious admissions programs that can withstand legal challenge, leaving colleges vulnerable to additional legal challenges down the road. "Today's ruling is a mixed decision that signals the beginning of the end of race-based preferences in America," said Terence J. Pell, the president of the Center for Individual Rights, which represented the plaintiffs in the two lawsuits against Michigan.
contact: carolyn.whelan@usu.edu