UNC Law School To Side With UM

UNC's School of Law will join organizations from across the nation -- including the White House -- in taking a stance on a case that could determine the role of race in college admissions.

The law school plans to file an amicus brief in the U.S. Supreme Court case regarding affirmative action policies at the University of Michigan-Ann Arbor, arguing that achieving a diverse student body is a compelling interest for a public law school.

"We believe it is crucial to have a strongly integrated student body," said Gene Nichol, law school dean. "We think it is crucial to the education process."

Some undergraduate and graduate applicants to UM have contested that the school's affirmative action admissions policies violate their constitutional rights by racially discriminating against them.

Last week, President Bush voiced his opposition to the admissions system at UM, calling it "divisive, unfair and impossible to square with the Constitution."

But the UNC law school's argument would support the position taken by UM in the first affirmative action case the Supreme Court has heard since 1978.

This case is one of the most important cases affecting public education in the last 25 years, said Jack Boger, the law school professor drafting the brief.

"Public universities and public law schools have a special mission to educate the future generations of their state," he said. "This case is indispensible for our future."

Nichol said he expects that a number of other universities also will file amicus briefs in support of UM. Amicus briefs are filed by outside parties that support either the plaintiff or the defendant. They advise the court about where other interested parties stand on the issue.

Race is just one of many factors the admissions office analyzes when deciding which applicants are accepted to the University, said Herb Davis, associate director for undergraduate admissions.

"It is common opinion that admissions offices often compare black students and white students and take black students with inferior credentials, but it doesn't work that way," he said.

Davis said UNC uses a holistic approach when deciding which applicants to accept to the University.

"It is a problem that affirmative action is seen as a black versus white or a minority versus white issue," Davis said. "The reality of it is that (UNC) practices affirmative action for a variety of students, whether they are black, white, African-American, Asian, Latino, Hispanic or American Indian."

UNC students also have expressed concern about the case. Norledia Moody, a junior who works in the Office of Minority Affairs, said she does not see how Bush can support diversity in higher education while condemning affirmative action.

"If it was not for affirmative action, there would not be diversity at UNC or any other school," she said. "With this being a public university, it should be open to everyone."

Moody now coordinates minority recruitment programs, such as Project Uplift, High School Honors Day, National Achievement Scholars Day, Decision Days and Pre-Orientation, that once lured her to UNC.

"Carolina is my home, and this is where I want to be," she said. "If there was not affirmative action, I might not be here."

The University Editor can be reached at udesk@unc.edu.