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Affirmative Action Lives
Aired June 23, 2003 - 13:00 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.
KYRA PHILLIPS, CNN ANCHOR: Our top story, affirmative action affirmed, but watered down today by the highest court in the land. The Supreme Court rules it's fine to promote diversity on college campuses, but the high court says the University of Michigan went too far. A long-awaited decision, as CNN's Bob Franken joins us from the court to tell us all about it.
BOB FRANKEN, CNN CORRESPONDENT: Well, Kyra, the Supreme Court said just about everything. And there are actually two cases. And one of them, as you pointed out, the chief justice says that the University of Michigan did do a program that was in contradiction with the Constitution. He says that this point program in the undergraduate admissions policy at the University of Michigan, the point program, in fact, was a violation of the equal protection clause of the Constitution. That was the undergraduate program. There was a separate lawsuit filed against the law school which was also trying to reach a racial diversity in its admissions. It was a little less specific, and in that particular case, the associate justice Sandra Day O'Connor wrote that the use of race is not prohibited by the equal protection clause. You have the University of Michigan and those two filed the lawsuit, the institute of justice saying that each side claiming that it got victory in the day.
So you have two sides here, the University of Michigan and then those who filed the lawsuit, the Institute of Justice, saying that each side claimed that it got victory on the case.
(BEGIN VIDEO CLIP)
MARY SUE COLEMAN, PRESIDENT UNIVERSITY OF MICHIGAN: What the court really did was to tell us that the law school system that we use is perfectly legal, they upheld it completely, and so in that sense, they gave us a road map for changing our undergraduate system, and so we're so happy, because the central principle is affirmative action may be used, and that's what we were fighting for.
(END VIDEO CLIP)
(BEGIN VIDEO CLIP)
TERRY PELL, CTR. FOR INDIVIDUAL RIGHTS: I think this is a big step forward against the use of race preferences. The court rightly struck down the use of segregated two-track admission systems, the use of bonus point systems, the use of race norm grids, and every other kind of quota like device. That's progress. That's a step forward. It is true that the court upheld the law school system, but at the end of the day, that may be cold comfort for schools. (END VIDEO CLIP)
FRANKEN: What we're going to have now is a very warm feeling on the part of lawyers who might get involved in litigation that's going to happen, sure as can be. As a matter of fact, in his dissent, associate Justice Antonin Scalia wrote, today's split double-header seems to perversely design, prolong the controversy and litigation. This is not the last time this is going to get to court -- Kyra.
PHILLIPS: That's for sure. Bob Franken, thank you.
Well, the Bush administration had intervened in the case against the University's program. In its reaction, the White House says it continues to study the rulings and will comment further when it's certain what they mean.
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 - 13:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
KYRA PHILLIPS, CNN ANCHOR: Our top story, affirmative action affirmed, but watered down today by the highest court in the land. The Supreme Court rules it's fine to promote diversity on college campuses, but the high court says the University of Michigan went too far. A long-awaited decision, as CNN's Bob Franken joins us from the court to tell us all about it.
BOB FRANKEN, CNN CORRESPONDENT: Well, Kyra, the Supreme Court said just about everything. And there are actually two cases. And one of them, as you pointed out, the chief justice says that the University of Michigan did do a program that was in contradiction with the Constitution. He says that this point program in the undergraduate admissions policy at the University of Michigan, the point program, in fact, was a violation of the equal protection clause of the Constitution. That was the undergraduate program. There was a separate lawsuit filed against the law school which was also trying to reach a racial diversity in its admissions. It was a little less specific, and in that particular case, the associate justice Sandra Day O'Connor wrote that the use of race is not prohibited by the equal protection clause. You have the University of Michigan and those two filed the lawsuit, the institute of justice saying that each side claiming that it got victory in the day.
So you have two sides here, the University of Michigan and then those who filed the lawsuit, the Institute of Justice, saying that each side claimed that it got victory on the case.
(BEGIN VIDEO CLIP)
MARY SUE COLEMAN, PRESIDENT UNIVERSITY OF MICHIGAN: What the court really did was to tell us that the law school system that we use is perfectly legal, they upheld it completely, and so in that sense, they gave us a road map for changing our undergraduate system, and so we're so happy, because the central principle is affirmative action may be used, and that's what we were fighting for.
(END VIDEO CLIP)
(BEGIN VIDEO CLIP)
TERRY PELL, CTR. FOR INDIVIDUAL RIGHTS: I think this is a big step forward against the use of race preferences. The court rightly struck down the use of segregated two-track admission systems, the use of bonus point systems, the use of race norm grids, and every other kind of quota like device. That's progress. That's a step forward. It is true that the court upheld the law school system, but at the end of the day, that may be cold comfort for schools. (END VIDEO CLIP)
FRANKEN: What we're going to have now is a very warm feeling on the part of lawyers who might get involved in litigation that's going to happen, sure as can be. As a matter of fact, in his dissent, associate Justice Antonin Scalia wrote, today's split double-header seems to perversely design, prolong the controversy and litigation. This is not the last time this is going to get to court -- Kyra.
PHILLIPS: That's for sure. Bob Franken, thank you.
Well, the Bush administration had intervened in the case against the University's program. In its reaction, the White House says it continues to study the rulings and will comment further when it's certain what they mean.
TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com