A Black and White Case: How Affirmative Action Survived Its Greatest Legal Challenge

By Greg Stohr

Book Overview

In the late 1990s, two lawsuits by white applicants who had been rejected by the University of Michigan began working their way through the federal court system, aimed at the abolition of racial preferences in college admissions. The stakes were high, the constitutional questions profound, the politics and emotions explosive. It was soon evident that the matter was headed for the highest court in the land, but there all clarity ended. To the plaintiffs and the feisty public-interest law firm that backed them, the suits were a long overdue assault on reverse discrimination. The Constitution, strictly construed, was color-blind. Discrimination under any guise was not only illegal, it was the wrong way to set history right in a nation that had been troubled and divided by the uses and misuses of race for more than two hundred years. To the University of Michigan, and to other top institutions striving to expand opportunity and create diverse, representative student bodies, it looked as if most of what had been put in place since the 1978 Bakke v. University of California decision was about to be undone. Black and Hispanic students were in danger of being once again largely shut out of the most important avenue of advancement in America, an elite education. To some, it appeared likely that racial integration was about to suffer their worst setback since the start of the civil rights movement. In A Black and White Case, veteran Supreme Court reporter Greg Stohr portrays the individual dramas and exposes the human passions that colored and propelled this momentous legal struggle. His fascinating account takes us deep inside America's court system, where logic collides with emotion, and common sense must contend with the majesty and sometimes the seeming perversity of the law. He follows the trail from Michigan to Washington, DC, revealing how lawyers argued and strategized, how lower-court judges fought behind the scenes for control of the cases, and why the White House filed a brief in support of the white students, in opposition to a chorus of retired generals and admirals worried that the military academies would no longer reflect the face of America. Finally, Stohr details the fallout from the Supreme Court's controversial 2003 ruling that both upheld affirmative action and upended some of the methods that had been used to effect it. And he shows how colleges and universities are reshaping their affirmative action policies--an evolution closely watched by lower courts, employers, civil rights lawyers, legislators, regulators, and the public. A Black and White Case brings alive and brilliantly explains one of the most important Supreme Court decisions on the fundamental and divisive subject of race relations in America.

• Format: Hardcover
• Language: English
• ISBN: 1576601706
• ISBN13: 9781576601709
• Release Date: September 2004
• Publisher: Bloomberg Press
• Length: 352 Pages
• Weight: 1.80 lbs.
• Dimensions: 9.5" x 1.0" x 6.5"

Customer Reviews

Highly useful for anyone interested in affirmative action and the Supreme Court

"A Black and White Case" provides a comprehensive history of affirmative action of value to anyone interested in race in America. As the subtitle ("How Affirmative Action Survived its Greatest legal Challenge") suggests, Stohr tends to favor the proponents of affirmative action. At the same time, however, he shows sympathy and insight into its opponents. For example, Stohr's portrait of Carl Cohen -- the Michigan philosophy professor who first unearthed Michigan's statistics on affirmative action -- reveals that the intellectuals behind the recent challenges come from backgrounds far from the mainstream of the conservative movement. Stohr also presents an account of the Supreme Court that in many ways outshines that of Bob Woodward's and Carl Bernstein's in The Brethren. In contrast to Woodward and Bernstein, Stohr lacks Woodward and Bernstein's instinctive hostility to the Court's right wing. Finally, Stohr does an admirable job tying together chacters and events covering a broad scope of time and space into a book with suprisingly strong narrative force. Shelby Foote once said that in writing, plot is the last thing that a writer masters, if he masters it at all. Stohr succeeds in this important respect.

Most Important Legal Book of the Year

This is an excellent book. Whether or not we choose to acknowledge it, every student who has entered an American university over the past 50 years is a product of the affirmative action and diversity policies of our nation's education system. The U. of Michigan case that is the heart of "A Black and White Case" is a landmark ruling that impacts the admission policy of every U.S. university. The issues described in this book are extremely important to each of us as citizens. Everyone interested in the American higher education system sould read this book. Greg Stohr provides an incredibly balanced account of the highly charged issue of race-based admissions policies. Mr. Stohr also does an excellent job of taking very complicated legal facts and analysis and turning them into a fast-moving story that non-legal scholars can follow and understand. This is the most important legal book I have read in several years. It is also a terrific read. I highly recommend this new author.

You Were There

Stohr's book reminded me of an old television program hosted by Walter Cronkite. It reenacted significant events in history and he always ended it by saying, "You were there." I felt as though I had been behind the scenes as those involved with the two affirmative action cases worked for victory. Stohr explains the legal terms clearly without being condescending. He delves into the personalities and the politics which determine the outcomes. I especially enjoyed his coverage of the Supreme Court. Stohr is an excellent, fair minded reporter.