Court caseaffects Texas admissions

State lawmakers say the law firm that prosecuted the Hopwood case may file a suit against the 'U'

When Cheryl Hopwood filed a lawsuit challenging the admissions program at the University of Texas School of Law, she was unaware that three years later her name would symbolize the nation's anti-affirmative action movement.

"I would never have planned it," Hopwood told the Michigan Daily yesterday. "I really had no idea it would be so big."

Hopwood's successful lawsuit claimed she was not admitted to Texas's law school because of affirmative action programs that favor minorities. The U.S. 5th Circuit Court of Appeals ruled the law school's preferential treatment of minorities violated the 14th Amendment.

Since the ruling, the Texas attorney general has abolished many state affirmative action programs that he believes to be against the Hopwood ruling. His decisions have greatly affected minority enrollment in the Texas law schools.

In 1996, 31 black and 42 Mexican-American students began studies in the law school, and this year, four black and 25 Mexican-American students started at the school, which has a graduating class of about 475 students.

"I am glad the case has brought the issue to light," Hopwood said. "The changes they have made so far are good."

Since May, the Center for Individual Rights, the law firm that represented Hopwood, has interviewed about 70 people who claim the University of Michigan's affirmative action policies have unfairly denied them financial aid or admissions. State Rep. David Jaye (R-Macomb), one of four Michigan lawmakers spearheading the lawsuit, said he expects a class action lawsuit to be filed later this fall.

Hopwood said that during the suit, the law firm was devoted to her case.

"They are very enthusiastic," Hopwood said. "They've all been very supportive."

M. Michael Sharlot, dean of the Texas School of Law, said that despite the low number of new minorities enrolled this year, the students and faculty still want a diverse student body.

"The great majority of the student body remains committed to diversity," Sharlot said. "If there has been any ray of sunshine since the clouds of the Hopwood case moved in on us, it has been the admirable reaction of our students."

Many students and faculty members said they are concerned that the publicity caused by the Hopwood case has given the University of Texas a reputation of being intolerant of minorities.

"We are not letting Hopwood speak for the university," said Marlen Whitley, president of the University of Texas student government. "There is no correlation between race relations and the court decision."

Jeff Hagler, vice president of the Texas School of Law's student bar association, said the lawsuit spurred discussion in and out of class.

"It has raised everyone's awareness as far as how homogeneous the law school population has become," Hagler said.

Others said that most students are indifferent to the case.

"There is only a small group that is upset," said Texas senior Brian Livingston, former president of the Texas College Republicans. "It hasn't really had a large impact."

In the meantime, some University of Texas administrators and state lawmakers are finding ways to diversify the campus without going against the Hopwood ruling.

The Texas State Legislature recently passed a bill that guarantees admission to all state universities for all in-state students in the top 10 percent of their high school class.

"There are still some ways to nudge up the numbers," Sharlot said.

The district court in Austin is currently deciding what to award Hopwood. The decision could include financial compensation from the University of Texas or admission to the law school.

Hopwood said she is unsure if she will attend the law school if she is awarded admittance.

"That's the million dollar question right now," she said. "I would definitely consider it very seriously."

Currently a certified public accountant in Maryland, Hopwood said she has kept a low profile since the decision last year. If she attends law school, she said she plans to study business-oriented law, unlike the case in which she was involved.

"I really don't want to go into civil law," she said. "I have always planned to focus on accounting and law."

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