Friday, April 04, 2003
Maureen Mahoney, arguing the law school's case, said that of the "2,500 students who are rejected each year, probably only 80 of them . . . would have gotten an offer of admission from Michigan under a race-blind system." That, she concluded, "is a very small and diffuse burden" relative to the benefits of the racial preference program.In the undergraduate case -- remember that there are two cases, undergraduate and the law school -- the lawyer for the University of Michigan admitted he or she had no record of a student who had received 20 points (on the 150 scale) for being a member of a protected class that had NOT been admitted. Remarkable.
To which Justice Antonin Scalia replied: "I don't know any other area where we . . . decide the case by saying, well, there are very few people being treated unconstitutionally."