Return to Transcripts main page
CNN Live At Daybreak
Coffey Talk: Supreme Court Decisions Due
Aired June 23, 2003 - 06:10 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
CAROL COSTELLO, CNN ANCHOR: Time for some Coffey Talk. To get the legal ramification on all of this, legal analyst Kendall Coffey live on the phone from Miami.
Good morning -- Kendall.
KENDALL COFFEY, CNN LEGAL ANALYST: Good morning -- Carol.
COSTELLO: Hey, this is a big deal because the court could issue a sweeping ruling forbidding any use of race. But don't most court observers think it will be a split decision?
COFFEY: Carol, it's important to emphasize just what you mentioned. There are two different affirmative action programs at issue. And the Michigan undergraduate program, there's a point system used that gives minorities a specific numerical advantage over non- minorities. That is likely to be rejected as a form of reverse discrimination. But a different scenario at the Michigan law school program where they award a subjective plus factor for minorities, a plus factor that could also be applied to exceptional non-minority applicants, obviously a close call, but my sense is that the law school program with the subjective plus factor is likely to be upheld.
COSTELLO: OK, in an attempt to make this clear, it's possible that the court could uphold the issue of using race but strike down one or both of the University of Michigan's policies?
COFFEY: Yes, hard and fast numerical formulas that favor only minorities could be struck down, while a more general subjective plus factor saying, for example, that minorities will be more favorably considered in a sort of a subjective way but also truly exceptional non-minorities that might come from underprivileged backgrounds or have had extraordinary life experiences, that kind of subjective plus factor is going to be close but I think will likely be upheld.
COSTELLO: OK, so let's look at this on a larger scale. Depending on what the justices rule, how will this affect all of America?
COFFEY: Well it goes so far beyond one university or even higher education. Let's look at the fact that over 300 organizations have joined together to support Michigan's affirmative action programs. Everything -- one from General Motors to 30 retired military officers who have talked about the importance of using plus factors in developing military officers. Some say this is a defining moment in our nation's commitment to diversity. Truly a momentous case. COSTELLO: That the president came out against the University of Michigan's policy and that there were protests over the weekend, might this affect what the justices decide?
COFFEY: I think not. I think this case is something that they have debated, that they have understood, that they have struggled with for weeks, probably for months, so I don't think that a demonstration today, tomorrow, a week ago is going to have any real effect on the outcome of this important case.
COSTELLO: All right. Kendall Coffey, live from Miami, thanks for waking up early with DAYBREAK.
TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com
Aired June 23, 2003 - 06:10 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
CAROL COSTELLO, CNN ANCHOR: Time for some Coffey Talk. To get the legal ramification on all of this, legal analyst Kendall Coffey live on the phone from Miami.
Good morning -- Kendall.
KENDALL COFFEY, CNN LEGAL ANALYST: Good morning -- Carol.
COSTELLO: Hey, this is a big deal because the court could issue a sweeping ruling forbidding any use of race. But don't most court observers think it will be a split decision?
COFFEY: Carol, it's important to emphasize just what you mentioned. There are two different affirmative action programs at issue. And the Michigan undergraduate program, there's a point system used that gives minorities a specific numerical advantage over non- minorities. That is likely to be rejected as a form of reverse discrimination. But a different scenario at the Michigan law school program where they award a subjective plus factor for minorities, a plus factor that could also be applied to exceptional non-minority applicants, obviously a close call, but my sense is that the law school program with the subjective plus factor is likely to be upheld.
COSTELLO: OK, in an attempt to make this clear, it's possible that the court could uphold the issue of using race but strike down one or both of the University of Michigan's policies?
COFFEY: Yes, hard and fast numerical formulas that favor only minorities could be struck down, while a more general subjective plus factor saying, for example, that minorities will be more favorably considered in a sort of a subjective way but also truly exceptional non-minorities that might come from underprivileged backgrounds or have had extraordinary life experiences, that kind of subjective plus factor is going to be close but I think will likely be upheld.
COSTELLO: OK, so let's look at this on a larger scale. Depending on what the justices rule, how will this affect all of America?
COFFEY: Well it goes so far beyond one university or even higher education. Let's look at the fact that over 300 organizations have joined together to support Michigan's affirmative action programs. Everything -- one from General Motors to 30 retired military officers who have talked about the importance of using plus factors in developing military officers. Some say this is a defining moment in our nation's commitment to diversity. Truly a momentous case. COSTELLO: That the president came out against the University of Michigan's policy and that there were protests over the weekend, might this affect what the justices decide?
COFFEY: I think not. I think this case is something that they have debated, that they have understood, that they have struggled with for weeks, probably for months, so I don't think that a demonstration today, tomorrow, a week ago is going to have any real effect on the outcome of this important case.
COSTELLO: All right. Kendall Coffey, live from Miami, thanks for waking up early with DAYBREAK.
TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com
