Word: coxing
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Dates: during 1970-1979
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...signal from Chief Justice Warren Burger, Cox began presenting the case of the university. He underlined immediately the importance of responding to the charge that a white male had been excluded from medical school by "reverse discrimination" favoring disadvantaged minority candidates who were, by traditional admission standards, less qualified than the white. Said Cox: "The answer which the court gives will determine, perhaps for decades, whether members of [racial] minorities are to have meaningful access to higher education." After a few minutes, Justice Byron White interrupted Cox to inquire about the adequacy of the trial record in lower courts...
...broader scale, the court has shown increasing reluctance to settle questions better left to "the normal processes of democracy [such as legislatures or regents boards]." It has at times declined, in cases involving schools, to second-guess educational professionals. Cox encouraged that approach, urging the Justices to leave the details of experimentation in race conciliation matters to local experts. The diversity of states and their universities is "one of the greatest sources of creativity in this country," he said...
Harvard Law Professor Archibald Cox, representing the University of California: There are three facts, realities, which I think must control the decision of this court. The first is that the number of qualified applicants for the nation's professional schools is vastly greater than the number of places available...
...Cox: Yes, but it was not stigmatizing in the sense that the old quota against Jews was stigmatizing...
...Cox: [It is not] properly defined as a quota . . . It's quite clear that for some of the things that a medical school wishes to accomplish that the minority applicant may have qualities that are superior to those of his classmate. He may be far more likely to go back to [his] community to practice medicine where he's needed...