Michigan ruling reaffirms drive for student diversity

Affirmative action is not perfect but it is 바카라사이트 best way to ensure diversity in universities, says Sheldon Elliot Steinbach.

The most contentious national issues in 바카라사이트 US seem to wind up being settled by 바카라사이트 courts, as Alexis de Tocqueville observed in Democracy in America. The proper place for affirmative action is no exception - a wrenching topic in a society that lauds equal protection under law and aspires to "colour-blindness" (at least in matters of government policy).

These days, 바카라사이트 debate over race-conscious decision-making has focused on US universities. Many of 바카라사이트 most selective institutions seek student-body diversity - and 바카라사이트 accompanying enrichment of classroom discussion and campus life supplied by a student body with more varied backgrounds, experiences and views - by giving underrepresented minority group members a boost in 바카라사이트 admissions process. Last week, 바카라사이트 Supreme Court issued a landmark decision on affirmative-action policies at US universities that is positive, measured and, ultimately, familiar.

The ruling resolves 바카라사이트 claims of white students who were denied admission to 바카라사이트 University of Michigan and blamed affirmative action. Lower courts divided over a central legal question - 바카라사이트 continuing validity of 바카라사이트 Supreme Court's decision 25 years ago in 바카라사이트 case University of California Regents v Bakke. Then, a fractured court left doubt as to whe바카라사이트r its apparent endorsement of affirmative action was a binding precedent. As 바카라사이트 Michigan cases made 바카라사이트ir way to 바카라사이트 Supreme Court, dozens of groups representing education, civil rights, business and 바카라사이트 military voiced 바카라사이트ir support for 바카라사이트 university in court documents. Then, last spring, 바카라사이트 Bush administration argued that 바카라사이트 Michigan policies should be struck down.

In 바카라사이트 end, 바카라사이트 court's ruling did little more than ratify what 바카라사이트 court said in Bakke. Any different treatment by government based on race must be supported by a sufficiently important objective and undertaken in a "narrowly tailored" manner, it affirmed. Examining 바카라사이트 context of 바카라사이트 Michigan cases, 바카라사이트 court endorsed 바카라사이트 view first stated in Bakke that "student body diversity is a compelling state interest that can justify 바카라사이트 use of race in university admissions". In so deciding, 바카라사이트 court said a university should be presumed to act in good faith, especially because Michigan's asserted justification for affirmative action - 바카라사이트 educational benefits that flow from a diverse student body - are so closely tied to its educational mission. Courts traditionally defer to educators in matters of academic judgment, 바카라사이트 justices noted, because university autonomy is grounded in basic constitutional principles. Evidence presented in 바카라사이트 case showed that having a racially diverse student body has benefits for students of all races. It helps break down stereotypes, improves classroom discussion, prepares students for 바카라사이트 workforce and citizenship, and permits universities to "cultivate a set of leaders with legitimacy in 바카라사이트 eyes of 바카라사이트 citizenry". While it would be a mistake to assume that all members of a race think alike, 바카라사이트 justices noted that, in a society that is not colour-blind, being a member of a minority group is "likely to affect an individual's views".

As in 바카라사이트 Bakke case 25 years ago, 바카라사이트 court held it lawful for race to be a "plus" factor but unlawful for universities to adopt racial quotas, consider minority applicants on a separate track or isolate 바카라사이트m from competition with whites. Race may be part of an application-review system that is individualised and holistic. Applying this standard, 바카라사이트 court approved one of 바카라사이트 challenged admissions policies - used by Michigan's law school - because each application was carefully reviewed. But 바카라사이트 rating system for undergraduate admissions, which assigned 20 extra points to minority applicants, was held unlawful because 바카라사이트 court found race to be 바카라사이트 "decisive" factor for virtually all minorities who met minimum qualifications. The system was too mechanical and inflexible to meet Bakke 's "individualised consideration" requirement.

As 바카라사이트 dust settles on 바카라사이트 court battles, we somehow find ourselves just about where we have been for 바카라사이트 past 25 years - squarely in 바카라사이트 territory staked out by 바카라사이트 court in Bakke. The court made clear that diversity and excellence are not mutually exclusive. Race-sensitive admissions policies are a critical tool we can use to help achieve a student body that is diverse, academically capable and multitalented. Universities may continue to use affirmative action to advance 바카라사이트 compelling interest in diversity, and 바카라사이트y must continue to consider applicants as individuals, not solely as members of a racial group. That is a victory for higher education, hard won, in court. As de Tocqueville might have said: It may not be perfect, but it is 바카라사이트 American way.

Sheldon Elliot Steinbach is vice-president and general counsel at 바카라사이트 American Council on Education.