The law schools interest is not simply to assure within its student body some specified percentage of a particular group. Supreme court ruled on june 23, 2003, that the undergraduate admissions policy of the university of michigan violated the equal protection clause of the fourteenth amendment to the u. Bollinger was a ruling that stated adding points due to race in the university admission point system was unconstitutional. Several years after cirs historic victory in the fifth circuit, hopwood v. District court, eastern district of michigan, southern division, march 27, 2001. He explained that such a program might allow for the file of a particular black appli. Bollinger argues that the pursuit of diversity cannot be a compelling interest under constitutional law, because there are no principled limits on its scope or duration excerpted from the initial brief of counsel for petitioner, jennifer. Bollinger, the plaintiffs, who are caucasians and were denied undergraduate admission to the university of michigan, filed a class action against the university, alleging that the university violated title vi of the civil rights act of 1964, the equal protection clause of the fourteenth amendment to the u. Two caucasians challenged the university of michigans admissions policy after being denied entry into the undergraduate program, claiming the procedure violated the 14th amendments equal protection clause. Principle and policy in public university admissions grutter. Bollinger opinion of the court body diversity complied with this courts most recent ruling on the use of race in university admissions. Ms grutter and ms gratz allege that the university. Is racial diversity a compelling interest that can justify the use of race in selecting students for admission to public high schools. The ruling was against the university of michigans undergraduate admission.
Bollinger 2003, the supreme court ruled that the use of affirmative action in school admission is constitutional if it treats race as one factor. Bollinger, the law school awards no mechanical, predetermined diversity bonuses. Bollinger are two white applicants who were denied admission to the college of literature, arts and science. In a 63 decision announced on june 23, 2003, the supreme court ruled that the universitys point system was too mechanistic and therefore unconstitutional. Argued april 1, 2003decided june 23, 2003 petitioners gratz and hamacher, both of whom are michigan residents and caucasian, applied for admission to the university of michigans.
Is racial diversity a compelling interest that can justify the use of race in selecting students for. In a 63 decision announced on june 23, 2003, chief justice rehnquist, writing for the court, ruled the universitys point systems predetermined point allocations that. The court also granted petitioners motion to bifurcate the proceedings into a liabil. On writ of certiorari to the united states court of appeals for the sixth circuit june 23, 2003 justice oconnor, concurring. The university of michigan developed an admission scale for applicants that provided a maximum of 150 points, with 100 points being all thats needed for guaranteed admission. Bollinger, 2003majority opinion 54 the law school seeks to enroll a critical mass of minority students. Supreme court of the united states antidefamation league. Principle and policy in public university admissions. White papers, opinion files and related administrative records documenting cases heard during whites tenure on the u. Bollinger and that the admissions policy of the university of michigan. Bollinger syllabus which race or ethnic background may be deemed a plus in a particular applicants file. The court certified a class consisting of those individuals who applied for and were not granted admission to the lsa for all. Principle and policy in public university admissions grutter v.
The 2 cases, grutter v bollinger and gratz v bollinger, have been brought against the university of michigans thenpresident lee bollinger by 2 white students, barbara grutter and jennifer gratz, who were denied admissions. The procedure automatically added 20 points onto the. Admission criteria based on race must be narrowly tailored to achieve a compelling interest. Bollinger from ler 110 at university of illinois, urbana champaign. Bollinger was a united states supreme court case regarding the university of michigan undergraduate affirmative action admissions policy. Also, the program adequately ensures that all factors that may contribute to diversity are meaningfully considered alongside race. Upon the unanimous adoption of the committees report by the law school faculty, it became the law schools official admissions. In october 1997, gratz and hamacher filed a class action suit against the university, the lsa, lee bollinger, and james duderstadt. Chief justice william rehnquist majority opinion in gratz et al. Bollinger decisions, pair of cases addressing the issue of affirmative action in which the u. Gratz and hamacher plaintiffs, both caucasians, applied for admission to the university of michigans undergraduate program. And hamacher, whose claim the district court found to challenge a practice of racial discrimination pervasively applied on a classwide basis, was designated as the class representative. In 2003, the supreme court decided the landmark cases of gratz v.
Supreme court of the united states attorney general of. Texas, which struck down the use of racial preferences in all states in the fifth circuit, the sixth circuit court of appeals upheld the use of the racial preferences program at the university of michigan. They argued that the admission procedure discriminated against certain racial and ethnic groups in violation of the equal protection clause of the fourteenth amendment and title vi of the civil rights act of 1964. Jennifer gratz and patrick hamacher, petitioners, v. Reproductions supplied by edrs are the best that can be. We would like to show you a description here but the site wont allow us.
Unlike the law school admissions policy the court upholds today in grutter v. Bollinger roger pilon twentyfive years ago the supreme court told us, in a 54 deci. The law school considers the various diversity qualifications of each applicant, including race, on a casebycase basis. Court of appeals for the sixth circuit in grutter v. Affirmative action the bakke, grutter, and gratz cases grutter v. Both were denied admission and filed suit in federal district court against bollinger defendant, a university of michigan administrator, seeking to challenge the universitys admissions policy on the grounds that it violated the equal protection clause of the. In a 63 decision announced on june 23, 2003, chief justice rehnquist, writing for the court, ruled the universitys point systems predetermined point allocations that awarded 20 points towards admission to. University of texas at austin, the supreme court vacated and remanded an appeals court decision that had rejected a challenge to an affirmative action program modeled on the one approved in gratz, finding that the lower. Both were denied admission and filed suit in federal district court against bollinger defendant, a university of michigan administrator, seeking to challenge the universitys admissions policy on the grounds that it violated the equal protection clause of.
Jennifer gratz and patrick hamacher, petitioners v. They allege that the colleges admissions policy violates the equal protection clause of the fourteenth amendment, 42 u. The latest versions of adobe reader do not support viewing pdf files within firefox on mac os and if you are using a modern intel mac, there is no official plugin for viewing pdf files. Ebscohost page 1 of 34 back 46 pages will be printed.
On december 23, 1998, this court issued an order certifying a class and bifurcating the proceedings into a liability and damages phase. Constitution, and the federal civil rights statute, 42. Posted on november 6, 2012 constitutional law tags. Opinion files contain memoranda and drafts of majority opinions, dissents, and concurrences. Syllabus opinion rehnquist concurrence oconnor concurrence thomas concurrence breyer dissent stevens dissent souter dissent ginsburg html version pdf version. Be lawfully designed to achieve that interest grutter v. Bollingerdissenting opinion ruth bader ginsburg if honesty is the best policy, surely michigans accurately described, fully disclosed college affirmative action program is preferable to achieving similar numbers through winks, nods, and disguises. He emphasized, however, the importance of considering each particular applicant as an individual, assessing all of the qualities that individual possesses, and in. Plaintiff barbara grutter files a similar lawsuit challenging racebased admissions at the university of michigan law school. Moreover, the law school frequently accepts nonminority applicants with grades and test scores lower than underrepresented minority appli. Race may be considered in an individual assessment, but not as a sole or contributing factor for admission. Bollinger, united states supreme court, 2003 case summary for gratz v. Reproductions supplied by edrs are the best that can be made.
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