In an attempt to gain a standardized set of guidelines dictating affirmative action practices, 10 states have filed a joint brief to the U.S Supreme Court seeking clarification on the policy. The case requests that the Supreme Court review the May 2002 Grutter v. Bollinger decision, in which the 6th Circuit Court of Appeals upheld the University of Michigan Law School's affirmative action policy as constitutional.
The 10 states filing the brief are urging the Supreme Court to hear the case so they can determine if their affirmative action policies are constitutional.
If the Supreme Court decides to hear the case, it would be the first time the court has ruled on affirmative action since the 1978 Regents of the University of California v. Bakke case.
According to Politics Prof. David Klein, who teaches courses on judicial politics, the Supreme Court potentially could overturn affirmative action in higher education if they hear the case.
Klein added that it has been the Supreme Court's policy to allow the lower circuit courts to rule on matters of affirmative action, but now the situation is to the point where a consensus decision is almost impossible.
"It makes sense for the [Supreme] Court to step in because you have circuit court decisions going in different directions," he said.
Karen Holt, director of the Office of Equal Opportunity Programs, said the Supreme Court's possible ruling could have serious impact on University procedures.
"This is a case that the equal opportunity programs' office and the University will be watching closely," Holt said.
She added that the University is prepared to review its policies if the Supreme Court makes a general ruling on affirmative action.
"Assuming the ruling is relevant to University practices the University will act in accordance," she said.
Klein said that, because the 6th Circuit Court of Appeals already ruled on the case, the Supreme Court is the last court left that may make a decision.
"The only place left to go is the Supreme Court," he said.
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