In a show of support for the University of Michigan's race-conscious admissions policy, several large corporations, including Microsoft, 3M, PepsiCo and Bank One, have filed briefs with the U.S. Supreme Court.
During the cases' hearings in lower courts, more than 80 individual organizations filed briefs with the courts in support of the case. Julie Peterson, a spokesperson for UM, said she expects more briefs as the case comes closer to its hearing before the U.S. Supreme Court.
\[The companies] all recognize the impact that would result if we lost the ability to recruit from a diverse student body,"" Peterson said.
However, according to some UW-Madison professors, the briefs are unlikely to have a major impact on the court's decision.
Gordon Baldwin, emeritus professor of law at UW-Madison, said though the support of the corporations is good publicity for UM's case, it will not likely have much effect on the case itself.
""Public opinion matters a lot when legislators are considering the admission's programs or standards or traditions, however it's being presented as a legal matter. Frankly, I don't think it makes a particle of difference,"" Baldwin said.
Donald Downs, professor of political science at UW-Madison, said he agrees that the court may not consider the briefs. However, he said the corporations may risk alienating the public by filing briefs.
""Politicians, the press and the media tend to be favorable to race-based affirmative action,"" Downs said. ""Though a recent poll in Newsweek shows an overwhelming percent of Americans, as well as minorities, oppose it.""
However, Peterson said she has not seen a definitive poll that accurately describes the opinion of the American public.
""Most of the polls that I've seen really depend on the wording of the questions,"" she said. ""If you ask in a negative way, you're going to find that a lot of people aren't in favor of it, and if you ask in a positive way, you'll get a positive response.""
""People do regret we're not more racially diverse, but students also think it's unfair that some people get advantages over others because of their race,"" judging from personal response, Downs said.
However, regardless of public opinion Downs said thinks the U.S. Supreme Court will look to historical precedent.
""The Supreme Court thinks on its own and will sometimes come to strong conclusions regardless of what's before them,"" Downs said. ""In past cases involving racial classifications this court has tended to be pretty hostile, [though] the court has tended to be fairly deferential to educational institutions.""
Baldwin said he expects the U.S. Supreme Court to avoid making a constitutional issue of race-conscious admissions.
""What I'm hoping for is a decision that leaves the decisions, perhaps on first amendment grounds, to public universities which are accountable,"" he said.
