Let the Court answer the tough questions

In April, the Supreme Court is scheduled to begin hearing two cases against the University of… In April, the Supreme Court is scheduled to begin hearing two cases against the University of Michigan.

The plaintiffs in the case are claiming Michigan’s admissions policies caused them – two white students – to be improperly denied admission to the law school and to the undergraduate program. They say preference was unfairly given to less-qualified students in the name of diversity.

Yesterday, George W. Bush announced his opinion on the case.

He said the system in place is “a quota system … based solely on race,” and is expected to file a friend of the court brief to this effect today. Considering the Court’s partisan tendencies, it can be expected that such a brief will have a great impact on the case’s outcome.

The Supreme Court is comprised of nine of the most brilliant legal scholars in America. No one is better versed in constitutional law than they, yet Bush wants to add his powerful opinion to the mix. It seems, in a decision such as this one, sure to be a landmark and to set precedent for admissions across the country, that nine heads are better than one. The Court must be allowed to clarify the murky legal standing of affirmative action on its own.

In Regents of the University of California v. Bakke, 1978, the Supreme Court upheld the California Supreme Court’s decision that the numerical quota-based affirmative action system in place at University of California-Davis’ medical school was unconstitutional and that Bakke was to be granted admission. From this case, came the precedent that overt racial quotas were unconstitutional, but that race could be used as a “plus” in determining an applicant’s suitability for admission.

At the time one of the plaintiffs applied to – and was rejected from – Michigan, the university was using a point system to evaluate applications. Being black, Hispanic or Native American would add 20 points to the possible 150 points. These 20 points would have the same effect as a full-point raise on the 4.0 grading scale. In comparison, an outstanding essay was worth three points.

Affirmative action presents a thorny question. There is no doubt that higher education is skewed toward affluent whites and that something should be done to remedy this disparity. However, is it truly fair to pass over a better-qualified student from a majority ethnic group in favor of a student from an underrepresented one?

These tough questions are best left to the great minds of the Court. The President should stay out and let those best qualified make this important decision.