Affirmative action cases get more support from many groups

May 31, 2001
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EDITORS: A complete list of amicus filers and media contacts at each organization is below.

See a related story: ANN ARBOR—A “stunning array” of organizations representing business, labor, public officials, higher education and the legal profession plans to file legal briefs in support of the University of Michigan’s affirmative action policies in admissions, U-M President Lee C. Bollinger announced today (May 31).

The groups—which include 33 of the world’s largest companies, the United Auto Workers, the American Bar Association, the National Organization for Women Legal Defense Fund, and several high-profile Michigan lawmakers—will file amicus or “friend of the court” briefs today in the University’s appeal of Grutter v. Bollinger. On March 27, federal district court Judge Bernard Friedman issued a ruling that the University’s Law School admissions policy, which considers the applicant’s race as one factor in admissions decisions, was unconstitutional. The case is on appeal in the Sixth Circuit Court of Appeals in Cincinnati.

Many of the amicus supporters also will file briefs on behalf of the University in the undergraduate admissions lawsuit, Gratz v. Bollinger, around June 13. Judge Patrick Duggan upheld the University’s policies in his Dec. 13 decision.

“I am deeply gratified at this stunning array of support for our position,” Bollinger said. “More than 80 groups have joined amicus briefs on our behalf. It is significant that these groups include both the largest corporations and one of the most influential labor unions; groups representing women and Asian students; and virtually every university and legal education organization.

“It is a reaffirmation of the widespread public support that exists for our policies and the overwhelming belief that we must continue to educate a diverse group of students in our law schools and in our universities generally.”

U-M Law Dean Jeffrey Lehman indicated that the American Bar Association amicus brief is especially significant. “Typically, the ABA files in the court likely to be the last venue for a matter. While there is a strong likelihood the Supreme Court will ultimately take this case, the Association filed here because of the critical importance to the profession and the nation of preserving diversity in law schools.”

In its brief, the ABA writes that it has, “for more than three decades, promoted and defended racial and ethnic diversity as crucially important to legal education, the practice of law, and the administration of justice. The district court’s decision undermines not only the quality of legal education, but also the country’s ability to ensure equal justice and the rule of law.”

An ABA commission recently found that only about 10 percent of lawyers are minorities, minority entry into the profession has slowed considerably since 1995, and minority representation in senior legal positions remains minuscule. Courts, the brief notes, have widely recognized the need to address the lack of diversity in the legal profession. “Without diversity in legal education,” the brief says, “there can be no diversity in the legal profession or the judicial system.”

“Diversity of the bar is essential to fulfilling the bar’s paramount purpose of providing (legal) representation to all,” the ABA writes. Furthermore, “diversity is fundamental to fostering and maintaining the public’s perception that our legal system is fair, unbiased, and inclusive, thereby preserving and enhancing the public’s trust and confidence in our system of government.”

General Motors and Steelcase, which earlier led the filing of amicus briefs on behalf of 21 multinational companies, have filed new briefs along with 12 additional corporations that include American Airlines, Boeing, Mitsubishi, United Airlines and the Coca-Cola Co. In their briefs, the corporations note that almost half of the U.S. population will be made up of minorities by the year 2050.

“The nation’s future depends upon leaders trained through wide exposure to the ideas and mores of a diverse student body,” they write. Essential skills for future business leaders include “the ability to understand, learn from, work and build consensus with individuals from different backgrounds and cultures.”

Regarding the UAW brief, President Stephen P. Yokich noted that “the UAW is more than a collective bargaining agent, we are part of a social movement dedicated to justice and opportunity for all people, no matter their race, gender and religion, sexual orientation or national origin.

“The UAW has a rich and long history of fighting against discrimination in our union, our workplaces, and our society. The overriding lesson of our experience is that appreciating our great racial and cultural diversity is absolutely essential to creating a productive, healthy and dignified work environment—and to creating a fair and just society.”

In a press conference May 30, five prominent Michigan lawmakers announced they are urging the federal appeals court to uphold affirmative action at the University. The five are U.S. Rep. John Conyers Jr. (D-Mich.), U.S. Rep. Carolyn Cheeks Kilpatrick (D-Mich.), Michigan State Rep. Kwame M. Kilpatrick (D-Wayne County), Detroit Mayor Dennis Archer and former U.S. Attorney Saul Green.

In their brief they warn that “reducing the diversity among the University of Michigan student body likely will deny significant communities within Michigan the ability to fully participate in the political and economic benefits of our society.”

More information about the two lawsuits against the University can be found on the Web at http://www.umich.edu/~urel/admissions/

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Amicus Brief Supporters and Media Contacts where available

1. GENERAL MOTORSJAY COONEY 313.665.31492. 3M, ABBOTT LABORATORIES, AMERICAN AIRLINES, ASHLAND INC., BANK ONE CORP., THE BOEING CO., THE COCA-COLA CO., THE DOW CHEMICAL CO., EI.DUPONT DE NEMOURS AND CO., EASTMAN KODAK CO., ELI LILLY & CO., ERNST & YOUNG LLP, EXELON CORP., FANNIE MAE, GENERAL DYNAMICS, GENERAL MILLS, INC.,INTEL CORPORATION, JOHNSON & JOHNSON, KELLOGG COMPANY, KPMG INTERNATIONAL, LUCENT TECHNOLOGIES, INC., MICROSOFT CORP., MITSUBISHI MOTOR SALES OF AMERICA, NATIONWIDE MUTUAL INSURANCE CO. & NATIONWIDE FINANCIAL SERVICES, INC., PFIZER , PPG INDUSTRIES, INC., THE PROCTOR & GAMBLE CO., SARA LEE CORP., STEELCASE, TEXACO, INC., TRW, INC. AND UNITED AIRLINESDAVE DEBRUIN, JENNER BLOCK202.639.60153MMARY AUVIN651.736.2597BANK ONE CORP.TOM KELLY312.732.7007EXELON CORP.DON KIRCHOFFNER 312-394-3001 KPMG INTERNATIONALGEORGE LEDWITH201.505.3543TRW, INC.MICHAEL JABLONSKI206.291.77753. AMERICAN BAR ASSOCIATIONNANCY SLONIM312.988.61324. UNITED AUTO WORKERS FRANK JOYCEROGER KERSON313.926.52975. JOHN CONYERS JR., CAROLYN CHEEKS KILPATRICK, KWAME M. KILPATRICK, DENNIS ARCHER AND SAUL GREENANTHONY MILES206.623.75806. AMERICAN COUNCIL ON EDUCATION, AMERICAN ASSOCIATION FOR HIGHER EDUCATION, AMERICAN ASSOCIATION FOR TEACHER EDUCATION, AMERICAN ASSOCIATION OF COLLEGES OF NURSING, AMERICAN ASSOCIATION OF COLLEGIATE REGISTRARS AND ADMISSIONS OFFICERS, AMERICAN ASSOCIATION OF COMMUNITY COLLEGES, AMERICAN ASSOCIATION OF STATE COLLEGES AND UNIVERSITIES, AMERICAN ASSOCIATION OF UNIVERSITY PROFESSORS, AMERICAN COLLEGE PERSONNEL ASSOCIATION, AMERICAN DENTAL EDUCATION ASSOCIATION, ACT, INC., ASSOCIATION OF ACADEMIC HEALTH CENTERS, ASSOCIATION OF AMERICAN COLLEGES AND UNIVERSITIES, ASSOCIATION OF AMERICAN LAW SCHOOLS, ASSOCIATION OF MEDICAL COLLEGES, ASSOCIATION OF AMERICAN UNIVERSITIES, ASSOCIATION OF CATHOLIC COLLEGES AND UNIVERSITIES, ASSOCIATION OF COMMUNITY COLLEGE TRUSTEES, ASSOCIATION OF GOVERNING BOARDS OF UNIVERSITIES AND COLLEGES, ASSOCIATION OF JESUIT COLLEGES AND UNIVERSITIES, COLLEGE AND UNIVERSITY PERSONNEL ASSOCIATION, COUNCIL FOR ADVANCEMENT AND SUPPORT OF EDUCATION, COUNCIL OF INDEPENDENT COLLEGES, EDUCATIONAL TESTING SERVICE, EDUCAUSE, HISPANIC ASSOCIATION OF COLLEGES AND UNIVERSITIES, NATIONAL ASSOCIATION FOR COLLEGE ADMISSIONS COUNSELING, NATIONAL ASSOCIATION OF INDEPENDENT COLLEGES AND UNIVERSITIES, NATIONAL ASSOCIATION OF STUDENT FINANCIAL AID ADMINISTRATORS, NATIONAL ASSOCIATION OF STUDENT PERSONNEL ADMINISTRATORS, NATIONAL COUNCIL OF UNIVERSITY RESEARCH ADMINISTRATORS, AND UNITED NEGRO COLLEGE FUNDTIM MCDONOUGH202.939.93557. LAW DEANS OF COLUMBIA, GEORGETOWN, DUKE, HARVARD, PENNSYLVANIA, NEW YORK UNIVERSITY AND CORNELLDAVE LEEBRON212.854.26758. NOW LEGAL DEFENSE FUNDMAUREEN MCFADDEN212.413.75229. AMERICAN ASSOCIATION OF LAW SCHOOLS, COMMITTEE ON INSTITUTIONAL COOPERATION, WAYNE STATE UNIVERSITY, NATIONAL ASSOCIATION OF SOCIAL WORKERS, THE COLLEGE BOARD, AND AMERICAN ASSOCIATION OF LAW DEANS10. NATIONAL ASIAN PACIFIC AMERICAN BAR ASSOCIATIONGRACE YOO, ESQ.202.626.769311. NATIONAL ASIAN/PACIFIC AMERICAN LEGAL CONSORTIUMVINCENT ENG202.296.230012. HARVARD CIVIL RIGHTS PROJECTANGELO ANCHETA617.496.324013. CLINICAL LEGAL EDUCATORSPETER JOY314.935.6445FRANCES KAOTIM NELSON312.407.070014. LAWYERS COMMITTEE FOR CIVIL RIGHTS UNDER LAWDIANE GROSS202.662.8600

belowLee C. BollingerLaw SchoolJeffrey Lehmanhttp://www.umich.edu/~urel/admissions/