Doing Something Positive
On December 2, 2002, the Supreme Court agreed to hear Grutter vs.Bollinger and Gratz vs. Bollinger, both addressing the student admissions program at the University of Michigan. What is the catalyst for the now-hot-again, always passionate civil rights remedial initiative at the center of these cases? This is the Court's biggest affirmative action case since The University of California vs. Bakke (1978). Also, I would suggest that the GOP, Trent Lott saga has spiked interest, if only because race is a common denominator. No doubt, there are numerous reasons for such intense interest.
In any event, many eyes and ears are turned the Supremes' way. But what is it about collegiate admissions policies that raise temperatures so consistently? Initially, whenever race is the basis of federal legislation, the Court will review it under the highest scrutiny that that Body applies. In order to survive the strict constitutional test, the consideration of race must (1) "serve a compelling state interest and (2) be narrowly tailored to achieve that interest." Bakke. How does Michigan's policy fair under this scrutiny?
It would be helpful to examine exactly what that institution is doing. The policy drafted by the school was adopted in 1992, in compliance with the Bakke case. It contends that it strives to identify applicants expected to succeed. How so? The admissions committee evaluates a law school applicant's Law School Admissions Test scores (LSAT) and undergraduate Grade Point Average (GPA). These scores become a composite. There is no composite below which any applicant will automatically be denied admission or above which admission is guaranteed.
The University will also look at what it calls "soft" variables such as: "enthusiasm of the recommenders, the quality of undergraduate institution, quality of essay, residency, leadership and work experience, unique talents or interests and the areas and difficulty of undergraduate selection." It is not an exclusive list.
All of these factor into the committee's decisions, so that the University will sometimes admit students who have relatively low index scores. These would be either "students with a track record of poor standardized test performances, but who have an outstanding academic record" or "students who may help achieve that diversity which has the potential to enrich everyone's education and thus make a law school class stronger than the sum of its parts."
In short, there are a number of bases for diversity admissions, pursuant to Michigan's policy. And the point of incorporating diversity factors as part of the admissions process is the issue on center stage: a compelling state interest in achieving a diverse student body. The University of Michigan asserts that its policy is 'narrowly tailored' to serve that interest, without running afoul of the Constitution.
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