Board considers supporting University of Michigan Law School
admissions policy; member input requested
January 22, 2003
At its Jan.17, 2003 meeting, the State Bar Board of Governors debated
whether the Bar should join an amicus curiae brief on behalf of
the University of Michigan in Grutter
v. Bollinger, et al., a case before the U.S. Supreme Court
challenging the University of Michigan's use of race as a factor in its
law school admissions process.
Motion:
"Provided an appropriate brief is presented to the board or executive
committee for review, and authorized, the State Bar of Wisconsin join as
amicus in support of the respondent, University of Michigan Law School
in Grutter v. Bollinger a case before the U.S. Supreme Court challenging
the use of race in law school admissions."
The fast-approaching Feb. 18 deadline for respondent briefs creates a
need for the Bar to act quickly if it is to express its view.
Recognizing this, the board voted by a 67 percent supermajority to
research what briefs may be available for the Bar to join. Based on this
research and input from the members of the Bar, the Executive Committee
will decide whether the State Bar will join an amicus brief.
The case of Grutter v. Bollinger, et al. challenges the
University of Michigan's use of race in its admissions process at the
law school. An unsuccessful applicant for the 1997 fall entering class
brought the case, contending the university's admissions practices
unlawfully discriminated against her because the university takes race
and ethnicity into account as a "plus" factor among many factors in its
admissions process. The university countered that the Constitution and
civil rights statutes, as interpreted by the U.S. Supreme Court in the
1978 Bakke decision, permit it to take race and ethnicity into
account in its admission program to achieve the educational benefits of
a diverse student body.
Reversing a lower court's ruling, the Court of Appeals for the Sixth
Circuit agreed with the university, holding that the law school's
interest in achieving the educational benefits that come from a diverse
student body is compelling, and that the admissions policy is "narrowly
tailored" to serve that interest. The U.S. Supreme Court granted the
plaintiffs' subsequent petition for certiorari.
At the Board meeting, debate centered upon whether the State Bar of
Wisconsin, as an integrated bar, should become involved in the issue of
using race as a factor in granting admission to law school. Opponents of
joining an amicus brief advised caution before dipping into such
turbulent waters. Proponents argued it was consistent with the State
Bar's purpose to assist or support legal education programs at the
preadmission level, pursuant to SCR
10.02 (2), provided the Bar follows appropriate procedural
safeguards to comply with the Keller requirements and State Bar
bylaws.
Others expressed concern about what message it would send if the
State Bar did not get involved and how the Supreme Court's decision may
affect the UW Law School's admissions policy, which has an outstanding
record for promoting diversity in its student body.
In compliance with Article VII of the State Bar bylaws
governing amicus curiae briefs, the State Bar invites members to express
their opinions about whether the Bar should join an amicus brief on this
matter. The Executive Committee will consider these comments and
recommendations in making its decision.
Please email comments
by Jan, 31, 2003 or mail them to:
Dan Rossmiller,
Public Affairs Director,
State Bar of Wisconsin,
P.O. Box 7158,
Madison, WI 53707-7158.
