April 2001
Princeton, NJ–The National Association of Scholars today applauded
a ruling by federal district court Judge Bernard A. Friedman, who held
that the University of Michigan’s law school admissions policies were unconstitutional.
Finding in favor of plaintiff Barbara Grutter, Judge Friedman ruled that
she had been denied admission to the University’s law school on the basis
of race, thus violating both her equal protection rights under the Fourteenth
Amendment to the Federal Constitution and Title VI of the 1964 Civil Rights
Act, which prohibits racial discrimination by any institution receiving
federal funds. Whatever the realities of past discrimination or the putative
value of a racially diverse student body, Judge Friedman noted, a race-conscious
admissions program such as Michigan’s was fundamentally incompatible with
the Constitution: “Whatever solution the law school elects to pursue, it
must be race neutral. The focus must be upon the merit of individual
applicants, not upon assumed characteristics of racial groups. An admissions
policy that treats any applicants differently from others on account of
their race is unfair and unconstitutional.”
NAS executive director Bradford Wilson extolled the decision and noted
that the organization had filed an amicus brief supporting Grutter’s
suit: “This was exactly the right decision, and we’re grateful to Judge
Friedman for sticking to the Constitution, rather than being distracted
by the dubious social science hypotheses often proffered in support of
race-based admissions policies. One has to admire Barbara Grutter’s courage
and perseverance in what must at times have seemed like overwhelming odds.
It’s certainly disheartening to note the lineup of prestigious academic
institutions, professional organizations and giant corporations, such as
General Motors, which weighed in on the side of Michigan’s law school.
Still, justice has ringingly prevailed, and we’re proud to have supported
Ms.Grutter in this eminently worthy cause. No doubt, the battle over quotas
in academic hiring and admissions is far from concluded. But this outcome
is certainly a major victory for anyone who believes that individual achievement,
not group membership, should be the academy’s guiding light.”
NAS Press Release, March 23, 2001
NAS Press Release, March 23, 2001
Help us maintain freedom in teaching, research and scholarship by joining SAFS or making a donation.
