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http://www.suntimes.com/output/pickett/cst-nws-pickett17.html
Different kind of 'bias' benefitted president

January 17, 2003

BY DEBRA PICKETT SUN-TIMES COLUMNIST

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I've been counting and,
so far, have come up with exactly one thing I have in common with President
Bush: We both went to Ivy League schools, the same ones our fathers did.
Which makes us beneficiaries of one of the coziest little affirmative action
programs this fine country has to offer.

Bush stopped short of actually uttering the words "affirmative action" when he
got us all talking about this Wednesday. Instead, he kept to the specifics of the
University of Michigan admissions formulas that are the subject of a case now
before the Supreme Court, calling them "divisive, unfair and impossible to
square with the Constitution."

He didn't mention anything about the whole deal with Ivy League alumni kids.

Bush was a C student. His SAT score, 1206 out of a possible 1600, while above
the national average, was well below average for Yale's class of 1968. He got in
primarily because he was a "legacy," the son of an alumnus. This might sound
divisive and unfair, especially if you are, let's say, a very smart kid whose
parents didn't go to Yale, but it does square with the Constitution, because Yale,
like the University of Pennsylvania, where I went to school, is a private
institution.

The University of Michigan is a state school, publicly funded and, as far as the
law is concerned, an "agency of the government." It doesn't have the kind of
legal leeway the Ivy League schools do.

Michigan, which receives about 25,000 applications every year for its
undergraduate classes of 5,000 students, devised a 150-point scale for ranking
its applicants. Twenty points--about one-fifth of what it takes to get in--are given
for applicants whose presence on campus would help the university meet its
diversity goals. African-American and Hispanic students get the points, as do
recruited athletes and those from poor families. And Michigan's law school sets
aside a certain number of seats each year for African-American and Hispanic
applicants.

When some Michigan state legislators heard about the university's admissions
policies, they put out a call for white students who believed they'd been rejected
because less-qualified African-American and Hispanic students were accepted
instead. The Center for Individual Rights, a Washington legal foundation, came
forward to underwrite a lawsuit. And plenty of pissed-off white kids stepped up to
volunteer. Interestingly, they didn't seem to be pissed off about the football
players and basketball players and impoverished kids. And, lucky for the
president and me, they weren't at all upset about the legacy kids, who, under the
Michigan system, get four extra points. It was the blacks and Hispanics who
really got to them.

And, of course, it was the presence of race as a factor that gave them some
legal ground to stand on. Because, while there are no laws against
discriminating against people who don't have the good fortune to have parents
who went to Yale, there are plenty of laws against discriminating on the basis of
race. The Michigan plaintiffs say they were discriminated against because they
are white.

Jennifer Gratz, a now-25-year-old white woman from Southgate, Mich., was
among the first in line to sign on to the lawsuit. She told reporters that her
reaction immediately after receiving her rejection letter in 1995 was, "Can we
sue them?"

Though she was a B student with mediocre test scores, she was sure that some
underqualified minority had taken her "spot" at Michigan. She says her life is
now forever changed, that she's given up her dream of being a doctor and that
she'll never know what kind of doors might have opened for her if she'd attended
the University of Michigan's Ann Arbor campus, instead of the less-prestigious
one in Dearborn, where she ended up.

Bush announced Wednesday that his administration will file a brief in support of
Gratz's suit. But he doesn't seem to be putting any effort into finding the person
whose "spot" he took at Yale.

It's too bad the statute of limitations is up because it would make an interesting
case: "It was 1964. I had great grades and perfect SATs, but George Bush was
ahead of me in line. He spent his four years at Yale partying and drinking beer,
while I would have started researching a cure for cancer."

To be fair, I haven't tracked down anyone who got rejected by Penn so I could
apologize to them, either. I'm sure there were lots of very worthy students who
didn't get accepted because of legacy kids like me. I got lucky. They didn't.

No matter how mathematical anybody tries to make it, the college admissions
process will always be somewhat arbitrary and subjective. Because schools
aren't just looking for kids who do really well on tests. They're looking for kids
who play sports and study dead languages and, in the case of "legacies," whose
parents might be inclined to donate money.

They are also looking for kids from lots of different places. For high- profile
schools, it's really important to be able to emphasize their national reputations by
saying they have students from all 50 states. In my class at Penn, we covered
only 49. You could tell it really bothered the dean, who always had to correct
himself when he said, "We have students from 32 countries and from all 50
states. Except Wyoming."

We used to joke that if anyone--anyone at all--from Wyoming had applied, they
would have gotten in.

I can't tell you what to think about affirmative action.

But I can tell you not to trust the opinion of an administration run by George W.
Bush, a legacy kid, and Dick Cheney, a guy from Wyoming.



Debra Pickett's "Sunday Lunch With. . ." appears in the Sunday Sun- Times.

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