U.S. Supreme Court participation

January 16, 2003

ATLANTA/WASHINGTON, DC: The Southeastern Legal Foundation, a constitutional public interest law firm participating in the Michigan university admissions case before the U.S. Supreme Court as an amicus, today praised the Bush administation for entering the case "on the right side."

"Since the landmark 1989 U.S. Supreme Court decision City of Richmond v. Croson, not one race-quota program for public contracts has withstood federal court scrutiny in the United States," said Phil Kent, SLF President. "The reason is simple - the courts are affirming time and again that governments and their agencies must not discriminate against any individual on the sole basis of race. The two University of Michigan cases currently before the high court provide the opportunity to once and for all end the discriminatory practice of admitting students to public universities based on race."

The two consolidated Michigan cases - Gratz v. Bollinger and Grutter v. Bollinger - raise the question of the constitutionality of the University of Michigan's admissions policy, which grants as many as 20 "points" to a minority applicant. By comparison, a high SAT score ranks 12 "points."

"Since the 1978 Bakke decision, the question has remained somewhat fluid as to what extent race alone can constitutionally influence admissions to public universities," said Kent. "The Michigan appeal comes at a time when, in light of controversy surrounding U.S. Sen. Trent Lott's recent statements, the issue of race and government action on that issue is at the forefront of public debate."

"It must be pointed out that, despite its benign name, most government-sponsored affirmative action programs are nothing more than institutionalized racism," said Kent. "Government-sponsored discrimination in the form of segregation was wrong 40 years ago, and it is just as wrong today when any government agency - including public universities - discriminate with race quotas. The U.S. Constitution and the Civil Rights Act of 1964 demand color-blind policies - the fulfillment of the civil rights movement. The Bush administration is doing the right thing at the right time."

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