Brief of Social Scientists as Amici Curiae in Support of Respondents in Gratz v. Bollinger, et al.
Legal Brief - February 18, 2003
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- U-Michigan admissions policy satisfies "strict scrutiny"
- The "percentage plans" advocated by the United States and the State of Florida are not truly race-neutral, because the purpose of the percentage plans is to increase racial diversity and their results depend upon race-targeted financial aid and outreach programs.
- Percentage plans are not more narrowly tailored than plus factor programs.
- Percentage plans have had undesirable consequences that would be worse in Michigan and other states nationwide. These consequences include: affecting many more decisions than necessary; causing disruptions in total enrollment; leading to disproportionate rejection of qualified minority students below the percent cut-off; causing minority enrollment to "cascade" to less selective state institutions; and requiring expensive increases in financial aid and outreach programs in an attempt to maintain diversity
- Percentage plans have not achieved success at promoting diversity as claimed, and would do worse in Michigan
- Other race-neutral alternatives would likely fare no better under the narrow tailoring test
