Updated May 20, 2002

In Bakke the United States Supreme Court upheld the constitutionality of considering race and ethnicity as factors in university admissions: “[A] State has a substantial interest that legitimately may be served by a properly devised admissions program involving the competitive consideration of race and ethnic origin.” Bakke is the controlling law for these two challenges to the University of Michigan’s admissions programs. But rather than simply rely on the Supreme Court’s conclusion about the compelling nature of the educational benefits of diversity, the University has presented convincing evidence that diversity is a compelling interest in education. This is the first time a university has undertaken such a comprehensive defense of the Bakke rationale.

In upholding the Law School’s admissions program in its May 14, 2002, decision, the Sixth Circuit Court of Appeals followed and applied the Bakke precedent. Similarly, in the district court decision of December 13, 2000, upholding the current undergraduate admissions policy, Judge Duggan found that the University had presented “solid evidence regarding the educational benefits that flow from a racially and ethnically diverse student body.”

Consistent with the Bakke requirements, Michigan employs admissions policies that consider race and ethnicity as one of many factors in order to select a diverse student body from among the pool of academically qualified applicants it receives each year. There is one system of admission for all applicants and decisions are made on a file-by-file basis. There are no quotas or numeric goals. All students admitted are well qualified. The policies do not meaningfully affect a white student’s chances of admission. Michigan’s policies are carefully designed and implemented to compose a student body that can reap the benefits of diversity. This is what Bakke requires and the University complies with Bakke.

By employing admissions policies aimed at a comprehensive diversity -- of which racial and ethnic diversity is an important part -- the University is able to achieve its mission of educating students to participate fully in our heterogeneous democracy and our global economy. Nearly 80 organizations and individuals representing business, labor, public officials, higher education, and the legal profession have filed “friend of the Court” briefs on behalf of the University in the lawsuits. These supporters include 33 multinational corporations, such as General Motors, Steelcase, Intel, and Microsoft; 30 national higher-education organizations, including the American Council on Education; and the American Bar Association.

Updated May 20, 2002