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The "critical mass" mess.(Scan)

The American Enterprise

| October 01, 2003 | Hess, Frederick | COPYRIGHT 2003 The American Enterprise, a national magazine of politics, business and culture (TEAmag.com). This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan.  All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)Copyright

The Supreme Court's momentous split decision on the Michigan affirmative action case Cruller v. Bollinger read into our Constitution a new and potentially powerful justification for race-based quotas. Someday we may realize that Justice O'Connor's decision brief opened a door better left shut.

While supposedly striking down strict formulas for achieving affirmative action, the Grutter decision serves to make numerical targets for race-based enrollment newly defensible. In adopting the doctrine that diversity requires schools to attract a "critical mass" of minority students, the decision took a concept that had enjoyed little legal standing and stamped it with a Constitutional imprimatur. Schools, colleges, and universities can now argue that efforts to attract "enough" minority students do not reflect a race-based agenda but an adherence to the Court's ratification of the concept of "meaningful numbers."

O'Connor's decision argued that a "sufficient number" of underrepresented minorities are needed on campuses so that minority students don't feel isolated, and so that other students will have ample cross-racial experiences. Thus Michigan is empowered to seek "enough minority students to provide meaningful ...

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