Coalition may assist 'U' defense

The National Association for the Advancement of Colored People Legal Defense Fund, the American Civil Liberties Union and another national organization may form a coalition to intervene in two lawsuits challenging the University's admissions policies, according to a previously published Detroit newspaper report.

The coalition would likely become involved in the lawsuits on behalf of minority students.

The lawsuits - one targeting the admissions policies of the College of Literature, Science and the Arts and the other challenging the Law School's admissions practices - were filed by the Center for Individual Rights on behalf of three separate plaintiffs. The three plaintiffs, all of whom are white, claim that less-qualified minority students were unfairly admitted, while their applications were denied.

Michael Steinberg, acting legal director of the Michigan ACLU, said that while he could not directly confirm the possibility of the coalition's intention to intervene in the two lawsuits, he would acknowledge that definite plans are in the works.

"There are several groups working together on a strategy to become involved in the lawsuit and we'll lay that forth at a press conference," Steinberg said.

Steinberg said the interested parties plan to announce their intentions later this week or early next week.

Wayne State University constitutional law Prof. Robert Sedler said intervention by such a coalition would allow the group to act as an advocate for minority students. This contrasts with the more-specific goals of the University, which include maintaining the use of race as a factor in its admissions practices.

"So while they are intervening on the side of the University ... their interests may be a little different," Sedler said.

Associate Vice President for University Relations Lisa Baker said the University has not been notified of any coalition's intention to get involved in the lawsuits.

"We're not aware of any intervention being filed," Baker said. "If something is filed, we will study it."

Baker said it would be inappropriate to speculate on the possible content or implications of an intervening party's actions unless an action is filed.

CIR Senior Legal Counsel Terry Pell also said he would not comment on the effects of a coalition's involvement in the lawsuits until the action actually occurs.

Legal experts differentiated between two kinds of case interventions - those specifically labeled interventions and those called friend of the court briefs. These are two options a coalition may seek in District Court.

University Law Prof. Edward Cooper said there is a distinction between a third-party intervention and a friend of the court brief.

"The major difference is that the intervener, if allowed to intervene, becomes a party," Cooper said. "It's a full-fledged, active role."

If granted intervention status, a third party would have access to the same activities as both the plaintiffs and the defendants, including examining witnesses and evidence.

A friend of the court brief does not allow the third party to have nearly as much access to the case, Cooper said.

"You don't have any hand in shaping the trial," he said.

Cooper said that whether the judge will permit a friend of the court brief or any other form of intervention depends on the specifics of a particular case. But, in general, friend of the court briefs are accepted more often than those seeking full status in the suit.

"A lot of courts are pretty relaxed about (friend of the court) briefs," Cooper said. "Other courts are becoming somewhat stingier about (these) presentations."

Sedler elaborated on the possibility of either type of intervention.

"The court will always allow friend of the court briefs, but intervention is a more direct intervention because the intervening party has the same status as the named parties," Sedler said.

Sedler said another important consideration for a judge is whether the intervening act will affect the lawsuit's time frame. "The intervention can't delay the suit," he said.

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