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In another response to the attacks on the University's use of race as a factor in its admissions procedures, more than 35 students plan to file a motion today to become defendants in a lawsuit targeting the Law School's admissions policies.
The students argue that the interests of those who would be most affected by the elimination of affirmative action at the University will not be adequately represented by the current defendants in the lawsuit.
"We think that having an individual voice for the affected parties is absolutely essential so that our concerns are presented to the court," said Shanta Driver, the main coordinator of the intervention into the lawsuit.
A coalition of students, who call themselves Citizens for Affirmative Action's Preservation, filed a motion in Detroit Federal Court last month to intervene in a similar lawsuit filed against the College of Literature, Science and the Arts.
But unlike the student members of CAAP - who are all minority students from Detroit-area high schools - the second group of potential interveners is composed of minority and white students from Michigan, Texas and California, whose current schooling ranges from high school to law school.
"I think this is a broader and more diverse group of people," said Driver, adding that all students - regardless of their gender, race or geographical location - will be adversely affected by the lawsuit. "Our view is that the case that the (Center for Individual Rights) brought against the Law School will absolutely be devastating ... and will lead not only to the resegregation of education in Michigan, but nationwide."
CIR filed a lawsuit against the Law School on Dec. 3 on behalf of Barbara Grutter, a white applicant who claims she was unfairly evaluated during the Law School's admission process for the 1995 entering class because race was used as a factor in the process.
Those attempting to intervene in the lawsuit include students from Texas and California, where the use of affirmative action in public university admissions have been eliminated by the case Hopwood v. Texas and Prop. 209, respectively.
LSA sophomore Kimberly James said these students can use their personal experiences to illustrate how the elimination of affirmative action has negatively affected them.
"I think that's important that they be able to state their claims," James said. "They can offer another side to this argument."
The students are joined by two national organizations - including the Coalition to Defend Affirmative Action by Any Means Necessary - and a campus law association formed by students in response to the lawsuit.
"I think it is important, as far as my future is concerned, as well as (the future of) other minority students at the University," James said. "I think some one needs to step forward and represent those who cannot represent themselves."
In addition to trying to enter the legal debate surrounding affirmative action, many interveners are active in building a student movement on campus as well as nationwide. Students are planning campuswide activities for the National Day of Action scheduled for April 1.
Similar to their initial reaction to CAAP's intervention attempt, CIR and University officials said they could not issue in-depth responses without seeing the motion.
"We haven't seen it, and in the absence of seeing it, we do not have any comments," CIR Senior Legal Counsel Terry Pell said.
Lisa Baker, associate vice president for University relations, also said she could not comment on the specifics of the motion, but emphasized the significance of the lawsuit.
"As we said before, this is an issue of great importance to a great many people, so we are not surprised there are people who want to intervene," Baker said.
After the group files a motion, both the University and CIR will have an opportunity to respond in the form of legal briefs.
Members of CAAP are still waiting to hear if Detroit Federal Court Judge Patrick Duggan will allow them to become defendants in the first lawsuit filed against the University.
03-26-98
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