Staff Editorial: Leave it to the courts

This past year, only 40 percent of black students accepted into Penn's freshman class chose to enroll. While there are many reasons for this disproportionately low yield rate -- some beyond the University's control -- it is clear that Penn's minority population has room to grow.

This issue and others involving diversity on college campuses have once again been brought into the national spotlight as a result of the Supreme Court's decision to take on the controversial subject of affirmative action in higher education for the first time in over two decades.

The Court announced Monday that it would hear arguments on two cases involving the University of Michigan's affirmative action policies. One involves a 43-year-old white law school applicant; the other two appellants are white students who were denied admission to the school's undergraduate program. Both suits claim that the applicants filing suit were more qualified than numerous minority students admitted in their stead.

The students face an uphill battle in their quest for admission. Lower courts have already ruled against them, and in 1978 -- the last time the Court ruled on a similar matter -- the concept of affirmative action survived, albeit without quotas.

And although the cases at hand involve public higher education, ramifications from the Court's decision will almost certainly spread to private institutions across the country.

With this in mind, we encourage the University to defer to the Court on this issue and avoid taking a stance until the verdict has been handed down.

We believe that it is appropriate and necessary for Penn to select a larger percentage of equally qualified minority applicants in an effort to create a diverse community. We also believe it is for the Court -- not the University -- to decide whether "less" qualified minority applicants merit specific procedural modifications.

Regardless of the Court's decision, it is clear that the attention of Penn administrators should not be focused on the debate over affirmative action. Rather, their attention must be placed on accepting the highest caliber students who apply to the University -- and ensuring that they come here once accepted.

The Court will decide whether or not diversity is a "compelling state interest." But the University needs no help from the government in deciding that diversity is a compelling campus interest.

The Court may not make its ruling for months. In the meantime, the University must devise better strategies for attracting and matriculating minority students. If those numbers improve, affirmative action will become virtually a non-issue for Penn.

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