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Controversial Decision Has Broad Implications ---~~--~----------------~~--~-~------ Controversial decision has broad implications WASIDNGTON [AP] - The Bakke. Bakke, a 37-year-old that governmental affirmative ac­ represented a ''racial quota.'' Many of the justices' questions Supreme Court was urged yester­ Sunnyvale, Calif., engineer with tion programs have not yet a­ Colvin charged that it did, that a centered not on the constitutional day to decide whether special the nation's space program, suc­ chieved their stated goals of equal certain number of medical class question but one of federal law. programs to aid racial minorities cessfully contended in state courts justice and equal opportunity. seats were reserved for racial The California courts found that are valid and vital to society or that he would have been admitted While Cox argued that the minority members therefore limit­ the program not only violated the whether they should be banned for if the medical school had not set medical school program had the ing the seats for which whites such Constitution's 14th Amendment illegally discriminating against aside 16 of each year's entering valid "objective of breaking down as Bakke could compete. but also a portion of the Civil whites. class for minority students. isolation,'' Colvin claimed that Cox said the program was "not a Rights Act of 1964 wh~ch prohibits The view that the court's nine "race itself is an improper guide quota, at least as I would use the racial discrimination in education justices take in the reverse discri­ The university appealed the Cali­ for selection to the medical school.' word." programs receiving federal fund­ mination case of Allan Paul Bakke fornia court's ruling, and its attor­ While Colvin said the California He stressed that only "qualified" ing. could have a profound effect on the ney argued that such a program is court was correct in its finding that minority applicants were admitted Chief Justice Warren E. Burger future of so-called affirmative ac­ needed to aid persons "long vic­ "there were alternatives" to a under it. and Justices William J. Brennan, tion programs in education and timized by racial discrimination.'' race-conscious admissions policy, But Justice Lewis F. Powell, Jr., Jr., and Byron R. White pressed business across the nation. The attorney, former Watergate Cox contended, "The other alter­ asked, "Does it really matter what Colvin and Cox on whether the case Many civil rights leaders and special prosecutor Archibald Cox, natives suggested simply will not we call this program?" could be decided without reaching constitutional scholars believe the told the justices that "race may be work " Cox agreed that the central issue the constitutional questions. If the court's decision will be its most taken into account for proper Cox and Calvin also entered into a was whether the university's pro­ court takes such a route, the important ruling on race relations purposes" such as overcoming the semantic discussion over whether gram could "take race into ac­ chances of an expected "land­ since it banned segregation in effected of past oppression. the admissions program at Davis count." mark" decision would decline. 1954. A ruling is expected before While Cox's arguments focused the court concludes its current term on the rights of minorities to have a next July. real opportunity for full member­ The case drew wide attention, ship in American society, Colvin's and hundreds of people lined up contentions centered on Bakke's outside the court building begin­ rights as an individual to be treated ning Tuesday night to gain admis­ equally. sion to the session. _ Both attorneys said the Constitu­ "Allan Bakke's position is that tion's 14th Amendment, which he has a right not to be discriminat­ guarantees such equal protection, ed against because of race," San favored their positions. The Francisco attorney Reynold Colvin Each member of the court posed argued in urging the court to questions to the attorneys, the first uphold a ruling by the California coming only seven minutes after supreme court. Cox began his presentation. The state court_ ruled that a Cox was joined by the Carter special admissions program used administration's solicitory general, by the University of California's Wade McCrae, who appeared as a Observer medical school at Davis made friend of the court to urge the an independent student newspaper serving notre dame and st. mary's Bakke a victim of racial discrimina­ justices to overturn the California tion because it allowed less aca­ ruling. demically qualified minority stud­ "To be blind to race today is to Vol. XII, No. 33 Thursday, October 13, 1977 ents to enter while excludin blind to reali , '' he said in ar uin Forum discusses pro-life solution to abortion issue Kathleen Connelly constitutional amendment that Staff Reporter would restore the right to life for the unborn child from the moment A pro-life solution to the abortion of conception with no exceptions issue was discussed at a forum except in cases where the life of the sponsored by the Howard and mother is endangered." Badin Religious Commissions last night in the Howard chapel. Rice added that he is very optimistic about the passage of Four panel members gave brief such an amendment. expositions of their views and then answered questions from a gather­ A counselor from Birthright In­ ing of about 40 persons. The focus ternational, Jacqueline Daugherty, of the presentation was on what explained what is involved for the type of approach toward the rever­ individual in making a decision sal of of the Supreme Court since the Supreme Court ruling. 1 he Saint Mary's Chorus performs in the Saint Mary's dining hall in celebration of Founders decision to allow abortions would Birthright International is a pro-life Day. [Photo by lisa Becker] best advance the anti-abortion organization that offers free coun­ cause. seling and referral services." "We don't give our clients , easy By Administration Fr. Leon Mertensotto, chairman choices," Daugherty commented, of the Theology department, said ''but our way fosters respect for that he believes that the science of human life and human dignity.'' fetology promises the best solution "Women are under many pres- Worker lay-off defended to the abortion issue. He cited the fact that the development of an by Mike Ridenour about uniomzation before the groundskeepers, stated, "We're artificial amniotic sac which would Staff Reporter representation election so they still going to continue the fight for enablethe fetus at any stage to could decide for themselves," Fac unionization. Why should we work The University's Administration cenda explained. in other departments for less survive independently of the mot­ herwould be most widely accepted commented yesterday that there is "This is just like the AI Hunter money than we make as grounds­ unjustified speculation surround­ case,' Faccenda continued. "The keepers?" as reason for oveturning the ing the groundskeepers' situation. University is on the defensive and Commenting on Hull's meeting Supreme Court ruling. we can't say anything, but in court, "Notre Dame was never planning with the groundskeepers, Tom Kenneth Goodpaster of the Phil~ to fire the groundskeepers,'' stated to defend ourselves." Soma, Student Body vice-president osophy department, however, Phillip Faccenda, general council Meanwhile, Tom Bull, director of said, "I was impressed since . commented that in his opinion for the University. Personnel, met with the grounds­ Hesburgh had a part in it. It's something more than biological A petition filed by the law firm keepers to explain compromise indicative that Hesburgh is going evidence will be needed to resolve representing Notre Dame said that proposals from the University. The to take a role in the future." the question of the "humanness" 21 groundskeepers would be per­ Nov. 1 date is no longer definite Soma explained why the Mass to of the fetus. "What is needed is a manently laid off. The petition also and the new date depends on the support the groundkeepers was re-education of attitudes and an related that the University would National Labor Relations Board switched from the Administration improvement of moral vision and contract out Cromwell Manage­ fiscal difficulty from Indianapolis Building steps to the Grotto. "I moral response." ment to replace the current being resolved. had a lot of imput from many groundskeepers. "The law firm No firms have been contracted as people, and after talking with them The problem with this, Good­ Professor Rice was only one of the made a mistake in these areas," of yet, with only bids having been I made the best decision possible. I paster said, is " how do you speakers who participated in the Faccenda said. accepted. If and when the firm is felt the Mass was an instrument of educate a moral response or help a forum sponsored by Howard and "I wish the hearing hadn't been contracted, the groundskeepers demonstration against the Univer­ - person see that certain assump­ Badin Halls. [Photo by lisa Becker] postponed Wednesday because will be given a two-weeks notice. stiy and I thought that was strong tions that he makes he would want this whole mess would be over. Bull also revealed that the Uni­ enough." to disown if he looked at them sures when they come to us. The reason Notre Dame didn't versity said it would do everything The Mass will celebrated by Fr. explicitly?" Essentially what we try to do is to automatically unionize the in its power to find jobs for the John Fitzgerald at 12:15 p.m. Charles Rice, author of the book get the woman to stop and review groundskeepers was for the Uni­ groundskeepers in other depart­ today. Petitions will be collected The Vanishing Right to Life, ·fa~ possible options," Daugherty said .
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