[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 23 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
S. RES. 23

  Supporting a decision of the United States Court of Appeals for the 
 Sixth Circuit relating to the admissions policy of the University of 
                               Michigan.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 16, 2003

   Mr. Daschle (for himself and Mr. Graham of Florida) submitted the 
   following resolution; which was referred to the Committee on the 
                               Judiciary

_______________________________________________________________________

                               RESOLUTION


 
  Supporting a decision of the United States Court of Appeals for the 
 Sixth Circuit relating to the admissions policy of the University of 
                               Michigan.

Whereas racial and ethnic diversity has far-reaching benefits for all students, 
        nonminorities and minorities alike;
Whereas racial and ethnic diversity increases the range of ideas and 
        perspectives raised in the classroom, generates complex thinking, and 
        prepares students to become participants in a pluralistic democratic 
        society;
Whereas racial and ethnic diversity has a positive effect on students' 
        intellectual and personal development because such diversity causes 
        students to challenge stereotypes, broaden perspectives, and sharpen 
        critical thinking skills;
Whereas a study done in 2000 by the American College on Education and the 
        American Association of University Professors found that students and 
        faculty believe that having multiracial and multiethnic student 
        populations has a positive effect on students' cognitive and personal 
        development;
Whereas in 1955, 1 year after the Supreme Court decided Brown v. Board of 
        Education, 347 U.S. 483 (1954), less than 5 percent of college students 
        in the United States were African-American;
Whereas by 1990, because of affirmative action and other initiatives, over 11 
        percent of college students in the United States were African-American;
Whereas after the United States Court of Appeals for the Fifth Circuit ruled, in 
        Hopwood v. Texas, 78 F.3d 932 (5th Cir. 1996), that the University of 
        Texas Law School's affirmative action program was unconstitutional, 
        Latino and African-American admissions to the law school plummeted by 64 
        percent and 88 percent, respectively;
Whereas after California's anti-affirmative action measure, Proposition 209, 
        took effect, law school admissions dropped nearly 72 percent among 
        African-American applicants and 35 percent among Latino applicants;
Whereas, even with affirmative action measures, there continues to be 
        significant racial disparities between the enrollment rates of minority 
        students and white students;
Whereas in 1978, in Regents of University of California v. Bakke, 438 U.S. 265 
        (1978), the Supreme Court ruled that campus diversity is a ``compelling 
        governmental interest'' that justifies race and ethnicity as one of many 
        factors that a university may consider in developing a diverse student 
        body;
Whereas the admissions policy of the University of Michigan adheres to the 
        standards set out in the landmark Bakke decision;
Whereas the University of Michigan does not have racial quotas for admission, 
        and instead uses many factors to select students, including race, social 
        and economic background, geographic origin, athletic ability, and a 
        relationship to alumni, as well as test scores, grades, and essay 
        scores;
Whereas all of those factors help the University of Michigan select a diverse, 
        well-rounded student body that is not just racially diverse, but 
        economically and geographically diverse; and
Whereas the University of Michigan's admissions policy so far has been upheld as 
        constitutional by the United States Court of Appeals for the Sixth 
        Circuit, in the case of Grutter v. Bollinger, 288 F.3d 732 (6th Cir. 
        2002): Now, therefore, be it
    Resolved, that the Senate--
            (1) strongly supports the decision of the United States 
        Court of Appeals for the Sixth Circuit, in the case of Grutter 
        v. Bollinger; and
            (2) authorizes and instructs the Senate Legal Counsel to 
        appear as amicus curiae in that case, in the name of the 
        Senate, to defend the constitutionality of the University of 
        Michigan's admissions policy to ensure a diverse student body.
                                 <all>