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UM cases: frequently asked questions:

Question: Why did CIR challenge the University of Michigan's admissions policies?

Answer: CIR challenged the admissions policies of the University's Law School and its College of Literature, Science, and the Arts, because the policies included unlawful racial preferences for black, Hispanic, and Native American applicants. For example, the College added 20 bonus points to the admissions index of, underrepresented minority applicants and set aside protected seats for minority applicants. The Law School employed racial preferences of the same magnitude, though they were (and continue to be) implemented differently.

Question: Why are racial preferences are illegal?

Answer: The equal protection clause of the Fourteenth Amendment to the United States Constitution prohibits government entities - including public universities - from discriminating based on race, except where the discrimination is narrowly tailored to serve a compelling governmental interest. The standard under Title VI of the 1964 Civil Rights Act - which applies to private as well as public universities - is similar.

The UM and other schools do not deny that they discriminate against white, Asian, and Arab applicants. But, they say, they must do so to further what they claim is a compelling interest in having a diverse student body. CIR does not believe the "diversity rationale" meets the constitutional standard of a compelling state interest that justifies an exception to the plain language of the Equal Protection clause.

Question: Didn't the Supreme Court rule that diversity was a compelling interest?

Answer: Yes. The opinions in the Gratz and Grutter cases say that diversity is a "compelling interest" that sometime justifies the consideration of race. However, the opinions do not explain how schools may take race into account without engaging in illegal racial balancing. In practice, there is little to distinguish the use of racial double standards from mechanical racial balancing, which is clearly unconstitutional.

The Court struck down the UM undergraduate admissions preferences in Gratz because they mechanically awarded all minority applicants a similar bonus. The Court upheld the UM law school system because it ostensibly granted racial preferences on a case by case basis. In truth, the law school system granted preferences every bit as large and mechanical as the undergraduate system. So much is still open for clarification in later opinions. Click here for a more complete analysis of the Court's ruling by CIR General Counsel Michael Rosman.

Question: How did named plaintiffs Barbara Grutter, Jennifer Gratz, and Patrick Hamacher get involved in the University of Michigan cases?

Answer: After applying to the University of Michigan Law School, Barbara was waitlisted and then rejected. Similarly, Jennifer and Patrick were "waitlisted" and then rejected by the University's College of Literature, Science, and the Arts. After learning that race played a large role in the University's admissions policies, all three concluded that they would have been admitted had they been of a preferred race - black, Hispanic, or Native American. The three sought legal representation to vindicate their right to be free of racial discrimination. With CIR's help, they filed a civil rights lawsuit against the University of Michigan in federal court.

Question: When did Barbara, Jennifer, and Patrick apply to the University of Michigan?

Answer: Barbara applied to the Law School in December 1996, at age 43, for admission to the class entering in the fall of 1997. At age 17, Jennifer applied to the College of Literature, Science, and the Arts for admission in the fall of 1995. Patrick applied to the College for admission in the fall of 1997. He was 17 at the time.

Question: What have Barbara, Jennifer, and Patrick done since the lawsuits ended?

Answer: Patrick attended Michigan State University, where he graduated in 2001 with a degree in public administration. He is currently living in Flint, Michigan and working as an accountant for the City of Flint. In August 2004, Patrick earned an Masters in Public Administration, and is currently working on his Ph.D. at Western Michigan University.

After being rejected by the University of Michigan at Ann Arbor, Jennifer attended the University of Michigan's commuter campus at Dearborn. She earned a bachelor of science degree in mathematics and graduated in 1999. Jennifer currently serves as the Executive Director of the Michigan Civil Rights Initiative, a group trying to end race preferences in Michigan through a ballot initiative that will be voted on in Michigan's next statewide election.

Because of her the University of Michigan's discrimination, Barbara was not able to attend law school. Instead, she focused on running her Michigan-based health care consulting company and bringing up her two children, both of which she continues to do today. Barbara is also on the board of directors of Towards a Fair Michigan, an organization dedicated to fostering public discussion about race preferences.

Question: Besides the plaintiffs and the University of Michigan defendants, are there additional parties to these lawsuits?

Answer: Yes. Groups of students represented by groups favoring race preferences petitioned to intervene in the case and were granted status as co-defendants with the university.

Question: How has Michigan altered its admissions policy as a result of losing the Gratz case?

Answer: As a result of the Supreme Court having struck down every one of UM's undergraduate admissions policies, the school had to devise a new system. Michigan continues to consider race in admission. In place of mechanical index points, the Michigan undergraduate application now includes questions concerning the socioeconomic and racial background of the student and an essay question about diversity. For more information on Michigan's admissions policies click here.

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