The National Law Journal has a special report, "Race's Role. Law schools brace for 'Fisher' ruling," speculating on a ruling in Fisher v. University of Texas," with special attention to the University of Michigan Law School:
Minority enrollment at Michigan declined by about 50 percent after the Michigan Civil Rights Initiative, which bans preferential treatment for minorities in college admissions, passed in 2006, said senior assistant dean for admission, financial aid and career planning Sarah Zearfoss. (The U.S. Court of Appeals for the Sixth Circuit overturned that initiative on November 15 on equal-protection ground, but it had remained in effect pending that ruling.)
Zearfoss joined Michigan's admissions office in 2001, just before a federal trial judge struck down the affirmative-action plan during the early skirmishing in Grutter. The intervening years until the Supreme Court's ruling were a blur of discussions in which law school admissions officers contemplated the future, she said. "I haven't seen as much activity this time around. It seems like there is a lot of room for the Supreme Court to make a lot of different decisions, which is why people might not be trying to get out in front of a negative decision."
Zearfoss worries that a national affirmative-action ban at the undergraduate level would narrow the pipeline of minorities who even consider going to law school. About 80 percent of the law school's applicants come from outside the state, where most universities and colleges do take race into account. "If you don't have the pool to begin with, the whole problem just gets exacerbated," she said.
