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The latest news from CIR
April 7 2007 - The National Association of Scholars website has posted an article authored by CIR president Terence Pell about recent CIR efforts to force force three Michigan universities to disclose data showing the harmful effects of racial preference on the academic performance of minority students. Preliminary data (summarized in declarations made by expert witness Richard Sander) suggests that University of Michigan expert testimony in Grutter v. Bollinger may have been faulty. CIR requested the data pursuant to court ordered discovery in litigation brought by several advocacy groups challenging Michigan's new amendment barring the use of racial preferences (BAMN v. Granholm).
CIR sues to end abusive housing discrimination investigations On April 1, 2008, CIR filed suit against officials of the California Department of Fair Employment and Housing charging that they willfully violated the First Amendment rights of California citizen Julie Waltz. Despite clear evidence that Waltz had done nothing more than post signs in her yard critical of state housing policies regarding the placement of sex offenders in residental neighborhoods, officials allowed a housing discrimination investigation to go on for most of year. During that time, officials told Waltz that her speech violated state fair housing laws, requested that she remove the signs, threatened her with prosecution and used the public media to characterize her as a discriminator and a violator of fair housing laws.
Judge Lawson upholds Michigan Prop. 2 On March 18 2008, U.S. District Court Judge David Lawson ruled that Michigan’s Prop. 2 does not violate the U.S. Constitution.
Lawson’s decision is a victory for CIR client Eric Russell who intervened in a legal challenge brought by a Michigan advocacy organization called “BAMN.” BAMN, later joined by the ACLU and the NAACP Legal Defense Fund, Inc., claimed that it was unconstitutional to prohibit the use of racial preferences across the board.
Russell contended that an amendment that prohibited racial discrimination across the board cannot violate the U.S. Constitution. Earlier in the case, Russell successfully petitioned the Sixth Circuit to reinstate Prop. 2 after Judge Lawson had enjoined its enforcement against Michigan colleges for six months.
February 22 2008 -- In a hearing called today to consider CIR's suit to rid Mark Twain Intermediate school of illegal racial quotas in admissions, U.S. District Judge Jack Weinstein terminated the 1974 desegregation order that New York officials believed mandated the use of racial quotas at the prestigious magnet school. School officials must now purge the admission system of the unconstitutional consideration of race.
NYC files in support of CIR effort to end school quotas February 12, 2008 - The New York City Department of Education today joined CIR in asking Federal District Court Judge Jack Weinstein to terminate the 1974 desegregation decree that imposes racial quotas on admissions to Mark Twain Intermediate School. CIR challenged the quotas in a lawsuit filed January 14, 2008.
In its motion, the Department asked the court to immediately order the end of race based admissions requirements to District 21 gifted and talented programs for the 2008-2009 school year, including those at Mark Twain.
Co-counsel Cooper to urge end to Prop. 2 litigation On Wednesday, February 6 2008, CIR co-counsel Charles J. Cooper will urge U.S. Federal District Court Judge David Lawson to reject all pending legal challenges to Prop. 2 as a matter of law. Together with CIR, Cooper is representing Eric Russell, a Michigan resident who moved to intervene in the case in December 2006.
Russell contends that the U.S. Constitution does not prevent the citizens of Michigan from amending their constitution to forbid the use of racial preferences in state programs such as admission to the state universities.
Separately, Cooper and CIR are representing Jennifer Gratz in a motion to intervene in the litigation as an interested party. Gratz seeks to ensure that her interests remain adequately represented in the event that the Cantrell Plaintiffs succeed in dismissing Russell from the case, either in a pending motion (see update below) or in future such attempts.
CIR sues NYC to end magnet school quota January 14, 2008 -- CIR today filed suit to end a racial quota at prestigious Mark Twain Intermediate School, a New York City magnet school. The relic of a 30-plus-year-old desegregation decree, the 60% white - 40% minority quota at the school now limits the number of minority students who can attend the school. Due to populations shifts, the district now must lower entrance examination scores for white applicants in order to meet the quota.
CIR is representing Anjan Rau and Kanchan Katapadi, Asian Indian parents of three children. Their eldest child, Nikita Rau, was denied admission to Mark Twain last year. White students were admitted that year with scores as low as 77. Nikita and other minority students were required to score 84.4 or better to be admitted.
After months of silence, New York officials announced shortly after the case was filed that they would move to lift the 1974 desegregation order. We await the motion.
UM, allies fight to suppress minority data On November 28, CIR co-counsel Charles J. Cooper was scheduled to appear before U.S. Federal district court Judge David Lawson to argue that CIR client Eric Russell has a sufficient interest in the outcome of litigation challenging Michigan’s Prop. 2 to justify his continued intervention in the case. (The hearing was cancelled and the issues scheduled to be taken up on February 6, 2008.)
Russell is seeking information regarding the academic and post-graduate performance of students admitted to the University of Michigan on the basis of racial preferences. To block this, the ACLU moved in early October for summary judgment against Russell. The ACLU and other parties argue that the data Russell seeks is irrelevant and that Russell's interest in the case was limited to having his 2006 application judged without regard to race.
CIR sues to stop NYC schools race discrimination On November 19, 2007, the Center for Individual Rights filed a class action lawsuit against the New York City Department of Education challenging the Department’s policy of excluding Asian American and white students from a test preparation course because of their race. CIR is representing three Chinese American parents in Districts 20 and 21 (Brooklyn) whose children were denied admission to the City’s “Specialized High School Institute,” a fifteen-month course designed to prepare students to take the admissions exam for such elite New York schools as Manhattan’s Stuyvesant High School, Brooklyn Technical High School, and the Bronx High School of Science.
CIR defends Michigan Prop. 2 before Sixth Circuit CIR travelled to Cincinnati on Wednesday, July 25 to persuade a three judge panel to leave standing an August, 2006 ruling that allowed Michigan's Prop. 2 to appear on the ballot later that year. The advocacy group BAMN had challenged Prop. as violating the Federal Voting Rights Act because, among other things, MCRI Executive Director Jennifer Gratz described the ballot initiative as an effort to end "racial preferences." BAMN claims this was misleading because voters might not have understood that the term "racial preferences" included some "affirmative action" programs.
Supreme Court strikes down school race plans The Supreme Court divided 5-4 on Thursday in striking down race based student assignment plans in the public schools of Seattle and Louisville. Chief Justice John G. Roberts, Jr., wrote the majority opinion in the combined cases. Justice Anthony M. Kennedy did not join all of the majority opinion, but joined in the result.
The decision makes clear that racial balancing for its own sake is unconstitutional.
Supreme Court issues Bong Hits ruling On June 25, the Supreme Court ruled that school officials may punish student speech that appears to endorse the use of illegal drugs. The Court created an exception to the general principle that state officials may not regulate the content of speech. However, the Court said the exception is limited to speech that endorses the illegal use of drugs. The First Amendment continues to protect other student speech, including speech deemed controversial by school officials, such as speech related to political or social issues.
CIR filed an amicus brief urging the Court not to permit school officials to regulate student speech solely because it expressed a viewpoint contrary to school policy, including the flippant view expressed in Joseph Frederick's banner, which said "Bong Hits 4 Jesus."
CIR client Emily Smith featured on ABC News Emily Smith, whom CIR successfully represented in a challenge to the Dow Jones News Foundation's minority-only summer journalism workshops, was featured in a short segment on ABC World News Tonight. The segement aired June 23. Earlier this year, the Dow Jones News Foundation settled Emily's case against it and agreed to consider applicants without regard to race in all future programs. As a result, Emily was able to enroll in this year's summer workshop.
Favorable ruling in family rights case Federal District Court Judge B. Lynn Winmill issued a 62 page ruling on February 25 finding that city and state officials in Boise, Idaho violated the constitutional rights of members of the Mueller family when they assumed custody of 5 week-old Taige Mueller in 2002 in order to forcibly administer a spinal tap. The ruling points to numerous shortcomings in city and state procedures and finds that state officials violated Eric Mueller's constitutional right to be notified both before and after the state assumed custody of his infant daughter. Judge Winmill's ruling deferred certain issues for trial, including the question of whether Taige was in imminent danger when officials assumed custody.
Dow Jones Fund, VCU agree to drop minority-only requirement On February 14, CIR filed a notice of settlement in its pending case challenging minority-only summer journalism workshops sponsored by the Dow Jones Newspaper Fund and several dozen public and private universities across the country. The Dow Jones Fund and Virginia Commonwealth University agreed to operate all such programs without regard to the race of applicants or staff and to ensure that all promotional material conspicuously advertise that fact.
Supreme Court denies BAMN motion The full U.S. Supreme Court denied a motion asking it to reinstate an injunction barring enforcement of Michigan’s new civil rights amendment that prohibits the use of racial preferences by state agencies. As a result of the ruling, the Michigan amendment remains in force. This ruling left in place an earlier ruling by the U.S. Court of Appeals for the Sixth Circuit, which concluded there is little merit to the various legal challenges now before the federal courts.
In turn-around, UM announces compliance with Prop. 2 UM President Mary Sue Coleman and Provost Theresa Sullivan announced in an e-mail to faculty and staff that it would resume admissions today, January 10, and that it would fully comply with Art. I, Section 26, the new amendment to the Michigan Constitution added by Prop. 2. According to the email, "admissions and financial aid processes will not discriminate, nor grant preferential treatment to, any individual on the basis of race, sex, color, ethnicity or national origin." While various legal challenges to Sec. 26 will continue, current applicants will be judged without regard to race, as Sec. 26 requires.
Sixth Circuit stays district court order delaying Prop. 2 A three judge panel of the U.S. Court of Appeals for the Sixth Circuit late Friday, December 29 lifted federal district court Judge Lawson's order suspending Article I Section 26 of the Michigan Constitution. This means that Article I Section 26 goes into effect immediately. No doubt the legal fight will continue. But today's decision means this year's applicants to Michigan schools will have their applications judged without regard to race while the various legal appeals wind their way through the courts.
Sixth Circuit orders expedited briefing of Prop. 2 appeal The U.S. Court of Appeals for the Sixth Circuit issued an order late December 26 setting forth an expedited schedule of briefing in CIR's challenge to the delay in implementing Prop. 2. The order requests that responses to CIR's emergency appeal and petition be filed by 3:00 p.m. Thursday, December 28. The court directed BAMN, Governor Granholm, Attorney General Cox, and the three universities (UM, MSU, and Wayne State) to file separate responses that address BAMN's "likelihood of success on the merits of the underlying action." CIR has been directed to file reply papers by 1:00 p.m. Friday, December 29. Further developments will be posted as they occur.
CIR petitions Sixth Circuit to reverse Prop. 2 delay On Thursday, December 21, CIR filed a petition and an emergency motion for a stay pending appeal with the U.S. Court of Appeals for the Sixth Circuit asking it to lift Federal District Court Judge David Lawson's December 19 order delaying application of Prop. 2 to university admissions until July 1, 2007. The petition and motion for stay are an effort to ensure current applicants to Michigan universities have their applications judged without regard to race, as provided for by Prop. 2 as of its stated effective date of December 22, 2006.
CIR to file immediate appeal to order granting Prop. 2 delay CIR will file a motion for an emergency hearing and immediate stay of District Court Judge David Lawson's December 19 order granting a delay of Prop. 2 through June 30, 2007. CIR President Terry Pell said, "We vigorously dispute the authority of a federal judge to set aside a state constitutional amendment without even hearing arguments from those individuals affected by his action."
CIR fights Michigan Prop. 2 delay On December 18, the Center for Individual Rights filed a motion to intervene in BAMN et al. v. Granholm et al. now pending before the U.S. District Court for the Eastern District of Michigan.
CIR is asking the court to deny a motion filed on December 11 by the University of Michigan and two other state universities seeking a federal injunction barring enforcement of Prop. 2 until the conclusion of the 2006-2007 admissions cycle.
CIR is representing Eric Russell, a Michigan resident who has applied to the University of Michigan law school this year as well as Toward a Fair Michigan, a group chaired by Michigan State Professor William Allen. Mr. Russell seeks to have his application considered without regard to his race, as explicitly provided for by the recently amended Michigan Constitution.
Stanford study quantifies effect of law school preferences A forthcoming Stanford Law Review article by Prof. Richard H. Sander presents a devastating critique of law school preferences. Sander shows that the use of double standards in the top tier law schools has a cascading effect that forces lower tier law schools to also use preferences. As a result, many minority law students have difficulty competing academically. According to Sander,
"At American law schools that use large racial preferences, half of all black students end up in the bottom tenth of their first-year class...[T]his performance gap has nothing to do with race per se; whites who attend law schools where their credentials are far below most of their peers have pretty much the same types of troubles. The performance gap is a function of preferences."
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revised: April 9, 2008
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