NAACP loses college admissions battle [Appeals court decides in favor of Jeb and One Florida]

The Orlando Sentinel ^ | March 16, 2002 | AP

[summer]

NAACP loses college admissions battle

Associated Press
Posted March 16, 2002

TALLAHASSEE -- An appeals court has ruled that the NAACP does not have standing to challenge rules eliminating racial and gender preferences in university admissions.

Appeals Judge Peter Webster wrote that the civil rights group had failed to show evidence that a student would be "substantially affected" by the implementation of rules for Gov. Jeb Bush's "One Florida" initiative and his "Talented 20" guarantee. Judge Ricky Polston concurred with the opinion issued Feb. 26.

The case went to the 1st District Court of Appeal after an administrative hearing judge upheld the rules. The appeals court ruling reverses the administrative hearing judge's decision and returns it with instructions to dismiss the rules challenge.

Lawyers for the NAACP have requested a rehearing.

"We are hopeful that the appeals court will reconsider its ruling . . . and give the NAACP its day in court," Mitchell Berger, a lawyer for the NAACP, said Friday. "We know other groups are allowed to discuss issues like this one in court."

One Florida eliminated race as a consideration in college admissions, while the Talented 20 plan guarantees admission to the top 20 percent of each of Florida's graduating public high school classes. Bush has said the program will increase racial diversity in the state's universities and colleges.

The now-defunct Board of Regents enacted rules to implement the governor's plans. Those rules were challenged by the Florida Conferences of Branches of the National Association for the Advancement of Colored People.

Appeals Judge Edwin Browning Jr. dissented, saying the court had ruled in similar cases that "any association whose members would be 'regulated' by a proposed rule is 'alone sufficient to establish that their substantial interests will be affected." '

"The majority today promulgates new law in this area that is not only wrong, but, in my judgment, effects a departure from these precedents," Browning wrote.

The NAACP had argued the new rules were a startling change in policy that could be made only by the Legislature -- not the governor or an executive agency.

During arguments last September, Carol Licko, a Miami attorney and former general counsel for Bush, told the judges that the NAACP did not have standing to bring the challenge. Licko did not immediately return a call Friday.

Earlier this month, Lt. Gov. Frank Brogan told Florida's university presidents that the One Florida program is sending them more, better prepared minority students.

Brogan cited enrollment figures that showed 1,250 more minority students entered Florida universities for the first time last fall than in the previous fall session.

Last year, the number of new minority students increased by 577 students or 5 percent over the previous year. But the percentage of blacks in proportion to all students was down almost half a percent, the first decline in five years.

Copyright 2002 Associated Press

[summer]

FYI.

[summer]

Bumping for index.

[Honcho]

Last year, the number of new minority students increased by 577 students or 5 percent over the previous year. But the percentage of blacks in proportion to all students was down almost half a percent, the first decline in five years.

And that's the real problem the NAALCP has with this.

[summer]

But here is a fact the NAACP is going to have to come to grips with sooner or later: blacks are not the only ones in Florida. In the first school district where I taught, there were 147 different native tongues spoken by students. Blacks are going to have to deal with it: like it ot not, other minorities live in FL too. And, these kids have to learn English on top of all their other challenges. Black leaders in FL are going to have to face up to the fact that their big, loud, constant opposition to One Florida has sunk like a lead balloon with the vast majority of FL voters.

[apackof2]

One Florida eliminated race as a consideration in college admissions,
while the Talented 20 plan guarantees admission to the top 20 percent of each of Florida's
graduating public high school classes.

Gee imagine that, you actually earn your admission to college by your own efforts!

[Utah Girl]

Great news!

[Pern]

Outstanding!!

[Lucius Cornelius Sulla]

Black leaders in FL are going to have to face up to the fact that their big, loud, constant opposition to One Florida has sunk like a lead balloon with the vast majority of FL voters.

Even more important the opposition by the black leadership to equal justice under the law has deprived them of any moral standing to advance the just interests of blacks in Florida and the US. The idea that a minority could try to use political force to deprive the members of the majority of their rights, and then still claim a position of moral superiority was always ludicrous, and has now become a political danger to America's black citizens.

With leadership like that of Governor Bush the ideal of equal rights for all may yet be reestablished in the country.

[XBob]

I expect the ultra leftist Florida Supreme Court to rule that the schools must discriminate in favor of non-whites, and void this non-discrimination rule.

[weikel]

Good

[weikel]

Im in Taxachussetts I don't think pressure on Teddy "murderer" Kennedy and Kerry will do any good.

[Caipirabob]

Good news BUMP!

We've found a few charters schools in our area, BTW. We're preparing to research them. I'll let you know how it turns out. THANKS!

[summer]

Great! Thanks for the update! :)

[summer]

:)

[summer]

I don't think so, because other courts have been finding that basing college admission on race is actually illegal. This was one of the reasons Gov. Bush eliminated affirmative action when he did -- he saw the tide turning, and he did not want FL to be tied up in those cases.

So, in FL, you have these other lawsuits -- opposed to One Florida -- but the opponents to One Florida are going to lose every complaint.

[summer]

Thanks for your upbeat comments! :)

[summer]

Even more important the opposition by the black leadership to equal justice under the law has deprived them of any moral standing to advance the just interests of blacks in Florida and the US.....

With leadership like that of Governor Bush the ideal of equal rights for all may yet be reestablished in the country.

I agree with you, LCS. And, the inability of many black leaders in FL to acknowledge that racial preferences favoring blacks is unfair to other minorities has made black leaders lose a lot of respect from some of FL's liberal white voters, IMO.

It seems to me that Gov. Bush's most controversial decision as governor -- instituting One Florida when he did -- will turn out to be one of his greatest victories. Because the majority of people down here DO see there are MANY MINORITIES in FL -- and ALL PEOPLE want the same chance to succeed.

[summer]

FYI. :)

[summer]

FYI. :)