<p>The U. of Michigan Cases: A Split Decision on Affirmative Action</p>
<p>Three days before announcing the Lawrence v. Texas decision, the Supreme Court issued a ruling on the affirmative action policies in two cases challenging the admissions programs at the University of Michigan undergraduate program and the University of Michigan law school. </p>
<p>In 1978, the Court had ruled in Regents of the University of California v. Bakke that a school couldn't use quotas, but could take race and ethnicity into account with admissions programs "narrowly tailored" to achieve educational diversity. </p>
<p>The Supreme Court considered whether the two University of Michigan programs were flexible enough to provide each applicant with the "individualized consideration" necessary to withstand constitutional challenge: </p>
<p>Gratz v. Bollinger focused on the university's undergraduate admissions program, which awarded points to applicants based on grades, test scores, curriculum strength, geography, leadership and other factors, and awarded every applicant from an under-represented racial or ethnic minority group 20 points of the 100 needed to guarantee admission. </p>
<p>Grutter v. Bollinger addressed the University of Michigan Law School, which evaluated applicants based on grades, academics, athletics, children of alumni, and men enrolled in nursing programs, and considered membership in a racial or ethnic minority group as a "plus factor" in admissions.
In decisions announced June 23, the court ruled 6-3 against the "point system" in the University of Michigan's undergraduate admissions policy, but upheld the law school's admissions policy in a 5-4 decision. Justice Sandra Day O'Connor said that affirmative action policies are still needed in America, though she hoped their days were numbered. "We expect that 25 years from now, the use of racial preferences will no longer be necessary to further the interest approved today." Feminist leaders noted that the 5 to 4 split in Grutter is another example of the Court's delicate balance, but expressed relief that the Court specifically recognized the benefits of diversity in its ruling. </p>
<p>"Widespread racial and gender inequality still exist in virtually every aspect of our society, and higher education is no exception," Gandy said. "The University of Michigan policies have created opportunities, helped to overcome past discrimination, and opened avenues for learning and cultural exchange that benefit students of all races."</p>