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University of Georgia (UGA): Reverse Discrimination and Quotas in Education at the University of Georgia were struck down on July 24, 2000! |
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"Opponents of affirmative action hailed the decision as "one more nail in the coffin" for the use of racial preferences in admissions decisions." The Chronicle also noted that those who defend the use of race in college admissions think that it is a necessary and valid approach to "enhancing campuses’ academic vitality". If UGA appeals Judge Edenfield’s ruling, and if they lose the lose the appeal -- i.e, if Edenfield's ruling is upheld on appeal -- then a precedent against race and gender based admissions policies will be established throughout the judicial circuit, including the states of Alabama, Florida and Georgia. "The lawsuit was brought by three white women who were denied admission to the university in 1999 and argued that they would have been admitted if they had been men or from a minority group." "Judge Edenfield ordered the University of Georgia to offer all three plaintiffs admission to the institution for the fall of 2000 and to pay the difference between their college expenses from last year and what they would have paid at Georgia." Harlan S. Miller, a lawyer with the Atlanta firm that represented the plaintiffs, "argued that the opinion was especially significant because Judge Edenfield struck down the argument that assembling a diverse student body was a compelling state interest worthy of protecting with racial preferences. Many other courts, ruling in similar cases, have failed to directly rule on that question, Mr. Miller said. The decision could sway future decisions across the 11th Circuit and throughout the country, he added." A lawyer who advises higher education clients on racial quotas said "Although [Edenfield’s decision is] disappointing, it is not surprising to see other judges joining the chorus of those who believe diversity to be not compelling" as a reason for using race in admissions decisions." (Based on the Chronicle of Education article
07/26/00 by Sara Hebel)
Judge Rules UGA Race Preferences Unconstitutional (Mon., 07/24/00) "U.S. District Judge B. Avant Edenfield ... an appointee of former President Jimmy Carter, minced few words on how he felt about the policy. And his ruling becomes the second in the nation to question the significance of a landmark 1978 U.S. Supreme Court decision on the use of racial preferences in university admissions. "The problem, of course, is that in UGA's world some are 'more equal' than others," Edenfield wrote. "UGA's claim that it can simultaneously ensure equality of both opportunity and result, particularly by means of an admissions process that awards bonus points to some races but not others, simply defies logic." "Edenfield ruled in favor of three white women -- Jennifer Johnson, Aimee Bogrow and Molly Ann Beckenhauer -- who filed suit after being denied admission to UGA in 1999. Edenfield ordered UGA to pay damages to the women and offer them admission. Fall semester begins Aug. 17. "After Johnson filed suit, UGA granted her admission. But the Jonesboro High School graduate had already committed to attend Mercer University. Saying Johnson is entitled to recover expenses she paid Mercer in excess of what she would have paid UGA for the 1999 Fall semester, Edenfield ordered UGA to pay her $2,060. "Beckenhauer, who graduated from Lakeside High School in Martinez and attends Clemson University, is entitled to $7,184 in damages. "Bogrow, who graduated from North Springs High School in North Fulton, attends the less-costly Georgia Perimeter College. Edenfield awarded her a nominal amount of $1. "Bogrow's father, Bernie, said Tuesday that his daughter was on vacation and unavailable for comment. As to whether she will now attend UGA, he said, "I am not sure. That's her call, her decision. I do know this is a late date ... If [the ruling] came a month ago, it would be a different story."
"Edenfield's ruling resolved only one of several lawsuits pending before him
attacking UGA's admissions program. Plaintiffs' lawyers predict they will prevail in the
other cases as well, while advocates of the progam say they hope Edenfield's ruling will
be overturned on appeal. (Atlanta Journal-Constitution 07/26/00 by Bill Rankin and Rebecca
McCarthy)
UGA likely to appeal race ruling (07/27/00) A ATHENS -- "The University of Georgia will likely appeal a judge's ruling declaring the university's race-conscious entrance program unconstitutional and condemning "naked racial balancing" in UGA admissions, a spokesman said Tuesday. "In a forceful, 17-page decision, released Tuesday by the state attorney general, U.S. District Judge B. Avant Edenfield summarily rejected UGA's argument that promoting diversity for its own sake in admissions is a compelling state interest. "The university has admitted about 90 percent of its students strictly on academic performance. The rest were accepted on a combination of up to 12 characteristics, including race and gender. Preferences are no longer given to male applicants. But in September, Adams said the school would continue to use race-based bonus points in an effort to remain representative of the total state population. "The judge's order singles out that goal and the school's diversity rationale for criticism. "UGA merely presumes, stereotypically, that all members of a minority race will think, act, etc., differently from whites and thus 'contribute' to the student body's 'overall educational experience,' " he wrote. "However, this procrustean presumption is prohibited," he added, choosing a word that means forcing conformity by ruthless or arbitrary means. "Edenfield's ruling orders the admission of three plaintiffs -- Jennifer Johnson, Aimee Bogrow and Molly Ann Beckenhauer -- who sued UGA for reverse discrimination after their applications were rejected during a phase of 1999 admissions that considered race and gender. The judge also required that they be reimbursed for some of the expenses paid to other schools during the last school year. "A lawyer for the plaintiffs, Atlanta attorney Harlan Miller, called the decision a "big win" and applauded the judge for tackling the question of diversity goals, a topic he said other court rulings on affirmative action have avoided. "UGA erred, the judge said, in assuming that the "formless and malleable" goal of diversity is reason enough to use racial preferences in choosing a student body.
"On May 23, Atlanta attorney Lee Parks, a partner of Miller's, filed two more reverse
discrimination lawsuits, one attacking admissions at the university's School of Law, the
other identifying 14 plaintiffs complaining of race discrimination in UGA admissions and
scholarship programs. Parks is in Ireland this week and was unavailable for
comment." (Savannah Morning News 07/27/00 by Joan Stroer of the Morris News
Service)
UGA's racial admissions policy rejected (07/25/00) "The University of Georgia's race-conscious admissions program is unconstitutional, a federal judge ruled Monday. In a strongly worded opinion, U.S. District Judge Avant Edenfield of Savannah rejected UGA's arguments that the promotion of diversity in higher education is a compelling state interest. "To base racial preferences upon an amorphous, unquantifiable and temporarily unlimited goal is to engage in naked racial balancing," Edenfield wrote. "The judge ruled in favor of three white women denied admission to UGA in Athens in 1999. He also ordered the university to offer the women admission and to compensate them for having to pay more money to attend other schools. "UGA President Michael Adams said, "We respect the court and we want UGA admissions to comply with federal law," he said. "We also want to be as aggressive as possible within the law in attracting people of all races and backgrounds."
"The three white female plaintiffs Jennifer Johnson, Aimee Bogrow and Molly Ann
Beckenhauer -- would have been considered for admission had they been minority male
applicants, Edenfield noted. (Atlanta Journal-Constitution 07/25/00 by Bill Rankin)
UGA admissions lawsuit revived (04/19/00) Appeals court orders judge to reconsider ruling that plaintiffs lacked standing. "The federal appeals court in Atlanta has revived a lawsuit that accuses the state of using discriminatory admissions policies at the University of Georgia and relegating its historically black colleges to a mission of remedial education. "In a unanimous decision, the 11th U.S. Circuit Court of Appeals ruled that a federal judge in Savannah must reconsider his decisions that dismissed the 11 white and black plaintiffs on the basis that they lacked standing to file their federal lawsuit. "In November, the U.S. Supreme Court ruled that cases attacking race-based admissions policies can go forward even if race did not play a role in the rejection of a plaintiff's college application. U.S. District Judge Avant Edenfield now needs to consider that reasoning, the 11th Circuit said. "Atlanta lawyer Lee Parks, who represents the plaintiffs, predicted Edenfield will reinstate the plaintiffs and find that the university system operates unconstitutional policies. "The lawsuit, filed in March 1997, demanded the regents upgrade the state's historically black colleges -- Albany State, Fort Valley State and Savannah State -- and work out a way to attract more white students to them. It also called for an end to policies used by the University of Georgia that use race as a factor in admissions. "Edenfield has made it clear how he feels about UGA's policies, saying any racial preference in admissions "stigmatizes" minority students. After reviewing the evidence before him, the judge decided last summer that "UGA cannot constitutionally justify the affirmative use of race in its admissions decisions."
"In the past, UGA has admitted about 90 percent of its students strictly on academic
performance. The rest were accepted on a combination of any of 12 characteristics,
including race. (Atlanta Journal-Constitution 04/19/00 by Bill Rankin) Georgia (University of Georgia): School Defies Courts,
Re-affirms Support for Quotas (10/01/99) "The announcement brought ... a dire prediction from the state attorney general and a threat from the lawyer who challenged the standards that he would seek an injunction to halt the policy. "Although the [racial quota] policy will have to be ratified by the Faculty Admissions Committee and the University Council, [University President] Adams, who has the final say, effectively has committed the university to a costly, perhaps protracted, legal battle. Some legal experts--including Attorney General Thurbert Baker--predict the university has little chance of winning that fight. "U.S. District Court Judge B. Avant Edenfield chastised UGA in July [1999] for using race as a factor in admissions, saying the university couldn't constitutionally justify its use. "Upon learning of [University President] Adams' decision on Thursday, Atlanta attorney Lee Parks said in a letter to the attorney general's office that the policy won't hold up in court. Parks said he has 16 white females, all of whom were rejected by UGA, who want to join a suit he filed in August against the admissions policies.
"The controversy over affirmative action and race-based policies--including the
lawsuits against UGA and threats against the city of Atlanta's affirmative action
programs--is likely to reignite debate in the Legislature over such issues, [according to
Georgia House Majority Leader Larry Walker (D-Perry)]." (The Atlanta
Journal-Constitution 10/01/99 by Rebecca McCarthy)
Georgia (University of
Georgia): Pro-quota group
rips plan to end race points (09/13/99) "The Northeast Georgia Black Leadership Council met in emergency session and vowed to oppose the end of [racial admissions quotas] for University of Georgia applicants, especially if lower entrance standards for athletes remain on the books. ``We can't stand back and let the predominantly white institutions get the best of both worlds,'' said Dexter Wimbish, the council's executive director. ``They're going to be able to exclude our brightest [black] kids, but at the same time recruit our best [black] athletes.'' [Duh! Imagine a University admitting students based on academic standing and test scores regardless of race. Hmm. What a concept!] "Whether the school will drop race as an entrance factor is subject to an ongoing review since a federal judge ruled in July that the state's flagship university wrongly awards bonus points to minority applicants.
"University President Michael Adams said last month that advisers have told him he's
on sound legal ground with [discriminatory race-based] admissions, which allows talented
students -- including athletes [and certain races] -- to enter below prevailing university
entrance standards." (The Augusta Chronicle 09/13/99 by Joan Stroer) Georgia (University of Georgia): Race doomed
as factor at UGA? (08/20/99) "President Michael Adams announced Wednesday that the state's flagship school would no longer give males a slight advantage in admissions over females, who make up 60 percent of this year's freshman class and 55 percent of the student body. Blacks, who make up 6 percent of the student body but 28 percent of the state population, also get a slight advantage. "A woman has sued the university, saying her application was rejected because she's white and female. "The suit, filed Aug. 10 by Atlanta attorney Lee Parks, was the third attempt to end the use of race in admissions decisions and Parks' first explicit challenge to the school's gender preference.
"Parks said yesterday it was ''past time'' that the university removed the gender
preference. ''It took a lawsuit to make them do it, but now that they have done it they
are to be congratulated for doing the right thing,'' he said. (The Florida
Times-Union, based on newswires, 08/20/99) Georgia (University of Georgia): Suit says gender, race
thwarted woman's admission (08/13/99)
"U.S. District Court Judge John F. Nangle will hear the case. ... Johnson's suit is
Parks' second attempt to change UGA's admissions policies. In July, U.S. District
Judge B. Avant Edenfield of Savannah dismissed Parks' 1997 affirmative action lawsuit
against the Board of Regents on a technicality that the student applicant lacked standing
to bring his claims. But in his ruling, Edenfield condemned UGA's admissions
policies that allowed for racial preferences in admissions. "UGA cannot
constitutionally justify the affirmative use of race in its admissions decisions,"
Edenfield said at the time. ... "Like it or not, this institution is out front on a
matter on intense national debate," said UGA spokesman Tom Jackson, adding that the
university had not seen a copy of the suit and could not respond specifically. "After
the last ruling, it would be expected there would be another step. This administration has
been working with the appropriate state officials to determine a course of action and will
continue to do that as we respond." (The Atlanta Journal-Constitution 08/13/99
by Ernie Suggs)
See Also: UGA Vows Fight to Continue Quotas (08/16/00) END Education - (1) University of Georgia Quotas |
Education: |
(1)
UGA: Undergrad Quotas Defeated |
(2) UGA: School Vows to Continue Quotas |
(3) UGA: Law School Suit Settled |
