Civil Rights Leaders to Respond to Supreme Court's Affirmative Action Decision
Feature Story by Civilrights.org staff - 6/20/2003
WHAT: If the Supreme Court rules on Gratz v. Bollinger and Grutter v. Bollinger on Monday, June 23, Americans for a Fair Chance, a project of the Leadership Conference on Civil Rights Education Fund (LCCREF), the sister organization of the Leadership Conference on Civil Rights, the nation's oldest, largest and most diverse civil rights coalition, will hold a press conference to respond to and comment on the impact of this historic affirmative action decision.Below are: some background on the issue, a brief description of what's at stake, and contacts for further information.
WHO:
- Wade Henderson, Executive Director, Leadership Conference on Civil Rights
- Barbara R. Arnwine, Executive Director of the Lawyers' Committee for Civil Rights Under Law.
- Antonia Hernandez, President and General Counsel of the Mexican American Legal Defense and Educational Fund.
- Elaine R. Jones, President and Director-Counsel of the NAACP Legal Defense and Educational Fund.
- Terry Ao, Staff Attorney at the National Asian Pacific American Legal Consortium.
- Marcia D. Greenberger, Founder and Co-President of the National Women's Law Center.
- Judith L. Lichtman, President of the National Partnership for Women and Families.
WHEN: Monday, June 23, 2003, 12:30 pm
WHERE: Capitol View Conference Center,Chamber Room (9th Floor)
101 Constitution Ave., NW -- use Louisiana Ave. entrance
CONTACT: Shannon Hembree ? 202 879-9369
Background
This term, for the first time since the twenty-five year old Bakke decision, a closely divided U.S. Supreme Court will consider the issue of affirmative action in higher education. In response to a challenge to its undergraduate and law school admission policies, the University of Michigan has been joined by an incredibly diverse group of supporters. Amicus briefs were filed by twenty-nine of the nation's highest ranking military leaders, Fortune 500 corporations, as well as social scientists previously opposed to affirmative action.
While the impact of the decision may be sweeping, it is important to remember that the diversity rationale for affirmative action that is specifically before the Court in the Michigan cases is not the only basis for using race in admissions that the Court has recognized. As Justice O'Connor acknowledged during oral argument, the Court has approved a remedial justification, which would allow colleges and universities to consider race to (1) overcome the present effects of past discrimination and/or (2) counter the effects of their passive participation in systemic discrimination by the state and/or by private actors.
Although the Court is not expected to address the remedial rationale in rendering its decision, two of the AFC groups, the NAACP LDF and MALDEF, on behalf of African-American and Latino students, raised the remedial justification in their briefs, as an alternate rationale for upholding the programs. While the Michigan cases are not about affirmative action in other areas, such as employment and contracting, the outcome of this decision could have far-reaching consequences beyond higher education. This decision could affect our how our military and businesses recruit; it could affect educational opportunities for America's children; and it could affect a myriad of federal programs.
Significance of Michigan Cases To AFC Groups
"For most of our nation's history, women and people of color faced insurmountable legal barriers that deprived them of the ability to compete for positions in colleges and workplaces, or for government contracts. Affirmative action remains a valuable tool to address the systematic illegal discrimination that robs women and people of color of equal opportunities to secure success." Wade Henderson, executive director, Leadership Conference on Civil Rights
"America's businesses and military have known for years that diversity and excellence are not mutually exclusive, and accordingly, have valued the affirmative action programs that have helped achieve the diversity they seek." Karen McGill Lawson, executive director, Leadership Conference on Civil Rights Education Fund
"Undoubtedly, the Supreme Court's decision in Gratz and Grutter will have a sweeping impact on the landscape of admissions in higher education and the educational opportunities for African-American students. But we must remember that race in admissions has stood on two legs, the diversity and remedial justifications. If the Court eliminates diversity, race-conscious admissions still has another leg to stand on." Theodore M. Shaw, associate director-counsel of the NAACP Legal Defense & Educational Fund
"Opponents of affirmative action, including plaintiffs Grutter and Gratz, cynically attempt to use Asian American students as a stalking horse in the affirmative action debate. However, a majority of Asian Americans recognize the importance of diversity in our colleges and universities and the continuing need for affirmative action programs in admissions to ensure diversity in those institutions, as well as in employment and contracting." Karen K. Narasaki, president and executive director of the National Asian Pacific American Legal Consortium
"A ruling by the Court that colleges and universities may not take race into account to promote diversity in higher education would clearly have a devastating impact on people of color, including the millions of women of color enrolled in the nation's educational institutions. But women of all races and ethnicities stand to lose. Those who attack race-based programs attack those based on gender as well. Their agenda is to ensure that gender-based as well as race-based affirmative action will be swept away - not only by colleges and universities, but by educational institutions at all levels, by employers, government contractors and across the board." Marcia D. Greenberger, co-president of the National Women's Law Center
"Women have an enormous stake in the outcome of these cases because affirmative action has been the key to much of the progress women have made over the last three decades. Affirmative action has been an essential tool for remedying longstanding discrimination and opening the doors of opportunity for all women - white women and women of color. While opponents invoke pernicious racial stereotypes to fan the flames of division, in truth affirmative action programs are vitally important to leveling the playing field for both women and men, consistent with this nation's shared values of fairness and equal opportunity." Judith L. Lichtman, President, National Partnership for Women & Families
"The decisions in Gratz and Grutter are tremendously important to ensuring that all of America's colleges and universities continue to allow access to qualified and diverse students. Our society would look very different if we did not have the benefits of race-conscious measures to ensure inclusion and equal opportunity. Affirmative action helps ensure that all people, regardless of race and gender, have the tools and skills to succeed; the economic well-being of our nation depends on nothing less." Barbara R. Arnwine, Executive Director, Lawyers' Committee for Civil Rights Under Law
Press Contacts for AFC Groups
LCCREF/AFC
Wade Henderson, LCCR Executive Director and LCCREF Counsel
202-466-3311
Nancy Zirkin, Deputy Director
202-466-3311
Karen McGill Lawson, Executive Director
202-466-3311
Lawyers Committee for Civil Rights Under Law
Barbara Arnwine, Executive Directo
