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WEDNESDAY, APRIL 2, 2003

The Supreme Court on Tuesday heard oral arguments in two cases challenging the affirmative action policies of the University of Michigan.

The school's undergraduate policy uses a point-based system in which race is one of many factors. The law school takes race into consideration.

Three white students who were denied admission say both methods are unconstitutional. Their attorney, Kirk O. Kolbo of Minneapolis, argued that colleges shouldn't be concerned that their student body isn't minority-inclusive.

Solicitor General Ted Olson, who successfully argued before the Supreme Court in 2000 that Native Hawaiian trust programs were racially-based, argued that the school was all but employing a "thinly disguised quota." He was confronted with a number of questions about an amicus brief filed by retired military officers in support of affirmative action but said those programs weren't at issue in the cases.

Maureen E. Mahoney, a Washington, D.C., attorney, argued for the law school. She engaged in a somewhat combative exchange with Justice Antonin Scalia. He said that the school was basically in "quota land."

John Payton argued the undergraduate case, which was heard second. Kolbo and Olson presented similar arguments against the program. The Bush administration's brief concedes that racial diversity is a laudable goal.

Get the Story:
Frank Admissions: The Supreme Court finally talks seriously about race (Slate 4/1)
O'Connor Questions Foes of U-Michigan Policy (The Washington Post 4/2)
A Defense Team of Thousands (The Washington Post 4/2)
High court ponders role of affirmative action (The Minneapolis Star Tribune 4/2)
Race case could affect admissions at schools (The Washington Times 4/2)
On Affirmative Action, High Court Seeks Nuance (The New York Times 4/2)
Thousands of Students Gather to Support Admission Policies (The New York Times 4/2)
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Oral Arguments:
Transcript: Grutter v. Bollinger | Transcript: Gratz v. Bollinger | Real Audio

Relevant Documents:
Supreme Court Docket Sheet No. 02-241 | Brief: Grutter | Brief: University of Michigan | Brief: Department of Justice

Holdings Below:
Appeals Court: GRUTTER v. BOLLINGER, No. 01-1447, 01-1516 (May 14, 2002) | District Court: GRUTTER v. BOLLINGER (March 27, 2001)

Relevant Links:
University of Michigan, Admissions site - http://www.umich.edu/~urel/admissions
Center for Individual Rights - http://www.cir-usa.org

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