Race v. Scholarship at Michigan
And New England, and Illinois, and…

Mr. Clegg is general counsel at the Center for Equal Opportunity.
October 26, 2001 10:15 a.m.

 

panel for the U.S. Court of Appeals for the Sixth Circuit was set to hear oral arguments this week in a pair of cases challenging the use of racial and ethnic preferences at the University of Michigan — one in undergraduate admissions, the other for slots at the law school. But on October 19, the hearing was canceled and the case reset for argument before the full Sixth Circuit on December 6. This is probably a good thing for those challenging the preferences, since the original panel was likely to have been hostile to their arguments.

U of M does not deny that it discriminates on the basis of race and ethnicity. Its defense is, instead, that such discrimination is justified because education is so much better in a school with a predetermined racial and ethnic mix. This is a dubious proposition empirically and an untenable one legally/constitutionally. That is, the connection between how much you learn and who sits next to you is weak, and even if there is some connection, it would hardly justify state classifications and preferences on the basis of skin color and ancestry.

Michigan also tries to minimize the weight given to race and ethnicity in its admissions decisions, but the fact of the matter is that these criteria are not mere tiebreakers or plus factors. To the contrary: A black or Hispanic applicant stands a much better chance of getting in than an Asian or white candidate with identical academic qualifications.

Indeed, a study based on U of M's own 1995 admissions data by the Center for Equal Opportunity found that a black candidate was 174 times more likely to be admitted than an equally qualified white candidate (for a Hispanic candidate, the odds were 131 to 1). Thus, a white candidate with a 540 math SAT, 480 verbal SAT, and 3.3 high-school grade-point average had a 34 percent chance of admission, versus a 99 percent chance if he were black or Hispanic. With a 470 math SAT, 430 verbal SAT, and 3.0 GPA, a white's chances were only 5 percent, versus 89 percent for an African American and 86 percent for a Latino.

Of course, Michigan is not alone in such discrimination. Last week, a report edited by the Institute for Higher Education Policy and sponsored by the Nellie Mae Education Foundation lauded the "affirmative admissions" policies in New England higher education. The foreword to the report claims that "there is no significant evidence that colleges have reduced standards to admit greater numbers of Minority students." But the text and data in the study show that minorities have significantly better chances of admission than whites with the same academic credentials.

Or go west from Michigan, to Illinois. "What should a student gain from college?" That was the question put to residents in a recent survey, highlighted in a report written by the Committee on Access and Diversity of the state's Board of Higher Education and adopted two months ago by the full board.

At the very bottom of the eight answers ranked was "Exposure to Great Writers and Thinkers." Next to last was "Responsibilities of Citizenship." These were the only two that most residents did not think were "absolutely essential." Indeed, half thought they were not essential at all, and 14 percent and 9 percent, respectively, said that they were in fact "not too important."

The top two vote getters were "Sense of Maturity and How to Manage on Their Own" and "Ability to Get Along with People Different from Themselves." Only 2 percent viewed these as "not too important," and 71 percent and 68 percent, respectively, called them "absolutely essential."

Needless to say, the strong support for the second item ("Ability to Get Along with People Different from Themselves") was used to help justify the report's recommendation that Illinois public universities discriminate on the basis of race and ethnicity. Such discrimination is needed, you see, to ensure that student bodies are sufficiently diverse for students to hone their abilities to get along with people different from themselves.

Along the way, students will also learn that some races and ethnicities are less academically able than others. After all, the black and Latino students they meet will in the aggregate be less academically able than the whites and Asians admitted — that's the inevitable result of a double standard in admissions, right? But no matter. The use of racial and ethnic preferences in the workplace will teach students the same lesson once they graduate, so they might as well get a head start in college. Universities could instead show that members of any race can achieve academic excellence, simply by holding everyone to the same standard, but they'd rather be fashionable than fair, even if in doing so they perpetuate racist stereotypes.

The one dissenting member of the board was John C. Thompson, a graduate student at the University of Illinois at Springfield. He pointed out that, among other things, the discrimination being endorsed will be expensive. Neighboring Michigan has so far spent about $30 million in the lawsuits challenging its discrimination, according to Mr. Thompson. But apparently the Illinois board's motto is: Millions for defense, not much sense to contribute. At a time when many students and professors are afraid publicly to oppose racial and ethnic preferences while privately admitting to misgivings, Mr. Thompson is a hero.

One wonders why the report's recommendations do not go further. Since it is so important for students to learn in college how to get along with everyone, regardless of academic ability, it is only logical to do away with academic admissions requirements altogether. Since we often must deal with people who did not finish high school, for instance, it is quite wrong to insist on a high-school diploma as a prerequisite for college admission. How are college students supposed to learn to get along with high-school dropouts if they don't go to college with them?

Incidentally, the other four answers on the survey of Illinois residents — bunched in the middle — were: Improved Ability to Solve Problems/Think Analytically, Learning High-Tech Skills, Specific Expertise and Knowledge in Chosen Careers, and Top-Notch Writing and Speaking Skills.

But back to the top and bottom finishers: Isn't it amazing that at the bottom should be "Exposure to Great Writers and Thinkers" and at the top is "Sense of Maturity and How to Manage on Their Own"? Colleges, in other words, are just babysitters: a place to park children while they weather the last few years of adolescence and maybe learn how to write checks and set an alarm clock. As for the great books — famously featured, ironically, in the University of Chicago's curriculum — well, whatever.

But why should anyone feel strongly about maintaining high intellectual standards when universities themselves are willing to sacrifice them — to say nothing of the principle of racial and ethnic nondiscrimination — on the altar of political correctness? When the University of Michigan defends its use of racial and ethnic preferences before the court of appeals on December 6, it is necessarily admitting as well that it is no longer an intellectually serious institution.

 
 

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