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ACLU: Current Affirmative Action case different from U of M case

U.S. Supreme Court Justices gather for an official picture at the Supreme Court in Washington
U.S. Supreme Court Justices gather for an official picture at the Supreme Court in Washington

KALAMAZOO (WKZO) -- The American Civil Liberties Union tells WKZO there are differences between the current Affirmative Action case in front of the U.S. Supreme Court and a previous such case out of the University of Michigan a few years ago.

"It's a little different because the University of Texas seeks to achieve diversity not only on a campus-wide basis, but also within each department," according to ACLU attorney Michael Steinberg.

A white woman, Abigail Fisher, claims the University of Texas Affirmative Action policy prevented her from being admitted to the school in 2008.

Supreme Court Justice John Roberts pressed the attorney arguing for the University of Texas on Wednesday, trying to determine what a "critical mass" of diversity is when attempting to apply Affirmative Action policies to admissions practices.

Questioning by Roberts and Justice Anthony Kennedy were interpreted by some to be critical of the UT policy.

Justice Ruth Bader Ginsburg was quoted as saying the UT policy is no more aggressive that the policy debated in the University of Michigan Law School case.

"In fact, [it's] more modest," Ginsburg said.

Click here to hear the entire ACLU perspective on this case on the Lori Moore Show podcast.