The last time the U.S. Supreme Court heard a major affirmative
action case involving higher education, it exposed a deep rift between
African-Americans and Jews. Because of Jews having been victims of
quotas that limited their presence at the nation’s most elite
universities during the early 1900s, major Jewish organizations were
unwilling to support an affirmative action program at the University of
California-Davis Medical School that specifically set aside 16 of the
100 admission slots each year for people of color. In “Regents of
the University of California v. Bakke,” the court outlawed quotas but
ruled that race can be a “plus” factor in the college admissions
process. That was 25 years ago. Since then, however, there have been
similar cases that pitted African-Americans against Jews, the group
that has traditionally supported Black causes more than any other
segment of White America. A pair of suits against the
University of Michigan, which will be argued before the Supreme Court
on April 1, do not involve quotas and many coalition-builders had hoped
that this would be the perfect opportunity to bridge the gulf that has
grown between Blacks and Jews. By the time last week’s deadline
arrived for filing friend-of-the-court briefs, it was clear that the
Jewish community was divided over whether to support affirmative action
at Michigan. They have remained divided while three former chairmen of
the Joint Chiefs of Staff, two former defense secretaries, 200 veterans
of the Southern Civil Rights Movement and a corporate Who’s
Who—including General Motors, Microsoft, Coca Cola, Nike, American
Airlines, General Mills and Johnson and Johnson—have gone on record in
support of the University of Michigan. The Anti-Defamation League
(ADL), one of the most uncompromising pro-Israel voices in America,
argued against the University of Michigan programs while professing to
submit a brief “in support of neither petitioners nor respondents.” Like
President Bush, ADL gives lip service to diversity yet argues for
dismantling one of the strongest tools that could help diversify the
nation’s campuses. “In the context presented here, ADL agrees
with the University of Michigan and its Law School that diversity in
higher education is an appropriate and legitimate educational goal,”
the group says in its brief. But a few lines later comes the clincher:
“…While we approve of the ends sought by the University and its Law
School, we cannot agree with their methods. The admissions systems
before this Court deny to applicants who are not members of designated
minority groups fundamental equal protection because those systems
value persons for their race, not for relevant individual
characteristics. In doing so, they violate this nation’s core
constitutional percepts and its civil rights laws.” That’s what they call being neutral? Fortunately,
the American Jewish Committee (AJC), submitted a strong, eloquent brief
in support of the University of Michigan. AJC was joined by seven
organizations, including the Central Conference of American Rabbis, the
National Council of Jewish Women and the Union of American Hebrew
Congregations. “Considering race as a factor in university
admissions furthers the compelling government interest of achieving
diversity in higher education in the United States,” the AJC observes
in its petition. “Diversity is an important component of a well-rounded
education, especially in such a pluralistic country as our own.
Exposure in universities to those of diverse backgrounds and
experiences will better equip those graduates who go on to become
leaders of our future.” The brief notes that much has been made
of the university undergraduate system’s decision to award 20 points to
people of color who apply to Michigan. It states that 20 points are
also awarded to anyone, including Whites, from a low socioeconomic
status (however, a student can’t receive points for both low-income and
for race), scholarship athletes are also awarded an automatic 20 points
and extra points are given to children of alumni, to help bring about
geographic diversity, and for writing skills demonstrated on admission
essays. “In 2000, African Americans, Native Americans, Asian
Americans and Hispanics made up twenty-nine percent of the population,”
AJC points out. It also explained that by the year 2050, those same
groups will comprise 47 percent of the United States population. “Against
this background, it would indeed be ironic if, with all the factors
that universities take into account to assure diversity or otherwise
serve the university’s pedagogical and institutional interests –
including geography, sports capability, socioeconomic or legacy status
– that the only factors that may not be taken into account are those
associated with populations that have been historically
underrepresented on campuses.” It would more than ironic — it would be a travesty.
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