US court ruling could end positive discrimination

By Karen Hebert Bristol

A US Supreme Court ruling is awaited, which may stop any consideration of race in medical school admissions.

The ruling could change future American university admissions procedures, by banning the use of affirmative action by universities, including medical schools, in decisions about admissions.

Cases were brought against the University of Michigan by Barbara Grutter and Jennifer Gratz. Grutter is a white female whose law school application was rejected. Gratz and Patrick Hamacher, both white, are suing the university because, they claim, their applications were rejected as a result of their race.

The university's argument is that diversity is a compelling interest in education. They also argue that the use of racial preference is fair because they are attempting to put right discrimination that has happened in the past.

The American Association of Medical Colleges (AAMC) along with a long list of organisations (which include the American Medical Student Association and the American Association of Family Physicians) are supporting the University of Michigan in court.

Jordan Cohen, president of the Association of American Medical Colleges said in the American Medical Association News, "It will be a disaster if there is a judgment that totally eliminates race-conscious decision making."

The AAMC is adamant that race preference should be protected in medical school admissions. Ethnic minorities are underrepresented in medical schools across the board. Their viewpoint is that doctors who are of an ethnic minority tend to practice medicine more commonly in poorer, deprived areas than the other doctors. They also say that ethnic minority patients tend to respond better to and trust an ethnic minority doctor.

A 1978 case of the University of California versus Bakke was ground breaking. Allan Bakke, a white man, had applied twice to the University of California's medical school at Davis.

Despite higher than average test scores he was rejected both times. The Supreme Court found that the university's programme was unconstitutional because it involved a quota. The court decided it was lawful to take race into account in admissions so long as no quotas were involved.

Bakke consequently won his place at the medical school, and the case is being cited by the University of Michigan in their defence. The ruling is expected by 1 July.