CIR sued the University on Oct. 14 on behalf of two white applicants to the College of Literature, Science, and the Arts, Patrick Hamacher and Jennifer Gratz. CIR filed a virtually identical lawsuit against the Law School Dec. 3. In the 1978 Bakke case, the Supreme Court permitted public institutions of higher education to use race in this manner. Those who say that the University of Michigan has a 'two-track' admissions system, or that race is used in some mechanical fashion, are misinformed about our admissions process. The University of Michigan does not operate a two-track admissions system and does not use race mechanically or without considering the other aspects of an application submitted by a minority student.
Race is but one of many factors that are taken into account when making admissions decisions.
Any factor considered by the University in its admissions process such as residency, athletics, leadership, alumni connections or high school curriculum, as well as race, will make a difference in the way a particular application is considered. We believe that using race in this manner is what the Supreme Court permitted in Bakke and we believe that this is necessary if the University is to perform its public function. The University's answer to the lawsuit pointed out that Jennifer Gratz had been offered the opportunity to be placed on an extended wait list. Gratz failed to respond to the offer, and therefore was not considered further when other students were admitted from the extended wait list. See statement issues by Law School Dean Jeffrey Lehman.