The Orbis

Photo courtesy of www.bamn.com Students demonstrate weekly at the University of Michigan to show support for the school's admission policies. [Click to enlarge]

On Feb. 14, Vanderbilt and four other universities filed an amicus curiae brief to the Supreme Court demonstrating their support for the University of Michigan's right to choose the criteria for admission into the school.

Michigan's admission policies have recently been under attack for using tactics that guarantee a diverse group of students. Since 1997, three students have filed suit against the university, asserting that they were unfairly rejected because of the affirmative action policies.

David Williams, vice chancellor and general counsel of Vanderbilt, said, "Our brief goes beyond the concept of affirmative action. It goes to the fact that under the First Amendment, universities should be able to choose how they admit their students."

Among the many briefs drafted across the nation to show support for Michigan, Vanderbilt, Columbia, Cornell, Georgetown and Rice Universities selected this particular brief because of its focus on First Amendment rights. The brief references the Supreme Court's own words, citing that academic freedom is "a special concern of the First Amendment" and that the admissions policies and the demographics of the student body are directly related to this freedom.

"We best know what is a good educational environment," said Williams in defense of universities' academic freedom. "Even in the government's brief that is against Michigan, they make the point, and the president makes the point, that diversity is important; racial diversity is important. Well then shouldn't you use the things that are going to produce that diversity to achieve that goal?"

Over 300 similar briefs have been filed, showing support for Michigan's policies, whereas about 30 have been filed in opposition.

President Bush himself has spoken out in opposition to affirmative action, ignorantly declaring the policy a "quota system." Bush demonstrated a failure to comprehend the affirmative action policy that in fact does not use quotas to determine admission into the University, but rather a point system that encourages minority demographics. However, Bush did successfully demonstrate his dedication to his political party platform, which is also held by Trent Lott.

Vanderbilt's brief was written by First Amendment attorney Floyd Abrams, and according to Williams, should appeal most to Justice Anthony M. Kennedy, who specializes in First Amendment issues. The majority of the other briefs focus their attention at addressing Justice Sandra Day O'Connor, who remains undecided on the issue.

Chancellor Gordon Gee also expressed his support for Michigan's policies. "Vanderbilt and our fellow institutions are focused on preparing students for the complexities of a rapidly changing world, one in which diversity of background, perspective and thought is an essential component," said Gee. "It is equally essential that we maintain the ability to select and provide opportunities for students free of arbitrary legal mandates."

With regard to the Supreme Court decision Williams said, "I think that one of the worst things that can happen in this case, however it goes, is the narrow decision. I think a five to four decision sends out the message that we have wiggle room here. To me winning the case is not enough, what I would like to see is the court banding together and saying 'this is the way it should be.'"

The Supreme Court case will be heard in April.

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