President Wright made a strong political statement at Monday's Martin Luther King Day festivities, supporting a University of Michigan policy that allows for the consideration of race as a factor in admissions decisions and criticizing President Bush's stance in opposition to Michigan's policy. Dartmouth is now considering filing a brief with the Supreme Court confirming Wright's statements.
Dartmouth is the third Ivy to publicly express concern over the University of Michigan Supreme Court cases, joining Harvard and Princeton, which are also considering submitting briefs in support of the University of Michigan.
The cases revolve around the question of whether Michigan's affirmative action program denies white students equal protection as it is guaranteed in the Constitution.
In an appellate case, like those filed against Michigan, individuals or organizations with an interest in the outcome are permitted to file amicus curiae, or "friends of the court" briefs, Dartmouth General Counsel Bob Donin explained. Dartmouth is considering filing such a brief.
"There are a number of schools considering filing amicus briefs individually. We are considering it as well," Donin said. "The purpose of an amicus brief would be to try to protect the educational benefits that come from a diverse student body."
The upcoming ruling in the Michigan cases will likely be the most important ruling on affirmative action since the Supreme Court ruled against racial quotas while approving the use of race as a factor in admissions in the 1978 Regents of the University of California v. Bakke case.
Last Thursday, President Bush expressed his opposition to the University of Michigan policy in an amicus brief filed by the Justice Department. In the brief Bush contended that alternative methods of increasing diversity on campus could be used that weren't racially determined and that a ruling against the law school would not necessarily precipitate the overturning of the Bakke ruling.
Dean of Admissions Karl Furstenberg said Dartmouth conducts its admissions policies according to the Bakke ruling, and will continue to do so unless the Supreme Court hands down a ruling making it illegal.
"Our admissions policies are consistent with the Bakke decision which says using race as a factor in admissions is permissible," Furstenberg said. "Race is a significant part of a person's background and experience. We are going to consider that when we make a decision."
In the two cases against the University of Michigan, one against the undergraduate school and one against the law school, white applicants allege that the school's points-based admissions system violates the equal protection guaranteed them by the Constitution. In the undergraduate case, the students allege they were denied admission in favor of less qualified minority students, while in the case against the law school students charge that the admissions office was aiming to fill an illegal percent quota for minorities.
The current University of Michigan admissions system is based on a 150-point scale. The university grants an automatic 20 points to African-American, Hispanic and Native American applicants for being a member of an underrepresented minority. By comparison, legacy only affords applicants four points.
Though Dartmouth uses a drastically different admissions policy, the ruling could possibly affect the school's admissions, because it accepts federal funds like many other private colleges and universities.
"Our admissions principles are foremost individual consideration and holistic evaluation," Furstenberg said. "We look at each individual application on its own, and look at the entirety of a person's experience, background and potential. We evaluate every applicant without any set formula."
In his speech on Monday, Wright directly addressed the importance of diversity in the Dartmouth community.
"As an institution we have an obligation to provide the best possible education for our students and to do that we need to create an environment that is supportive of all members of our community," Wright said. "One of the great success stories in American life over the last 30 or 40 years has been the expansion of opportunities for higher education to all qualified students. Surely Dartmouth has participated in this and has been significantly enriched by expanding our pool of prospective students."
Wright continued by taking a rare political stance. He criticized the President's amicus brief, saying that he was "disappointed."
Wright also pointed out that if the Supreme Court does rule against Michigan, it would not prevent the school from continuing to strive for diversity on campus.
"If the Supreme Court rules against the University of Michigan and even goes so far as to overturn the Bakke decision, we will need to look for ways, within the law, to ensure that the diversity of the campus and the educational benefits that flow from that diversity are not lost," Wright said. "Our commitment to this preceded any federal or state programs or mandates; this commitment will be sustained in the absence of these if, unfortunately, this becomes necessary."
If Dartmouth does file a brief, they will look to do it within the next month. However, according to Donin, Dartmouth will probably not file an individual brief, choosing instead to file a joint brief in concert with other institutions.
Donin stressed the importance of the upcoming ruling.
"It is crucial that the Supreme Court reaffirm the Bakke decision, which held that colleges may take race into account as one factor alongside other factors in seeking to attain a diverse student body," Donin said.
The Supreme Court will begin hearing oral arguments for the cases in March or April, with a ruling expected by June.
