In a majority opinion joined by four other justices, Justice Sandra Day O'Connor held that the Constitution "does not prohibit the law school's narrowly tailored use of race in admissions decisions to further a compelling interest in obtaining the educational benefits that flow from a diverse student body.". Case Summary: Grutter v. Bollinger, 539 U.S. 306 (2003) involved a white Michigan resident named Barbara Grutter and the University of Michigan Law School. The United States Supreme Court granted certiorari. Grutter v. Bollinger SCOTUS- 2003 Facts. After the ruling, Michigan Attorney General Bill Schuette announced he would appeal the court ruling to the Supreme Court. First, the Court found that the Law School has a compelling interest in enrolling a diverse student body. Argued April 1, 2003. 539 U.S. 306 GRUTTER v. BOLLINGER et al. 73 The Legal & Regulatory Environment of Business. Thus, the Law School sought to enroll a “critical mass” of underrepresented minority students to ensure that those students could provide unique perspectives to the Law School’s character. ", 5 The Court in Grutter correctly concluded that diversity is a compelling O'Connor, joined by Stevens, Souter, Ginsburg, Breyer, Rehnquist, joined by Scalia, Kennedy, Thomas. Grutter v. Bollinger is an important milestone in the debate on affirmative action. Grutter v. Bollinger (02-241) and Gratz v. Bollinger (02-516) June 24, 2003. Grutter v. Bollinger, 539 U.S. 306 (2003), was a landmark case of the Supreme Court of the United States concerning affirmative action in student admissions. They argued that this aims to "ensure that these minority students do not feel isolated or like spokespersons for their race; to provide adequate opportunities for the type of interaction upon which the educational benefits of diversity depend; and to challenge all students to think critically and re-examine stereotypes.". The Sixth Circuit Court of Appeals reversed. Michigan policy included race as one factor in admissions. Argued April 1, 2003. Bollinger, Barbra Grutter (with the addition of her law team), argued in front of the Supreme Court that the universities admission program was unconstitutional due to the lack of it being “narrowly tailored” (Higginbotham and Bergin). Gaines v. Canada . Parties: Plaintiff’s and the defendant’s name and briefly explain their role in litigation). The Court's majority ruling, authored by Justice Sandra Day O'Connor, held that the United States Constitution "does not prohibit the law school's narrowly tailored use of race in admissions decisions to further a compelling interest in obtaining the educational benefits that flow from a diverse student body." [internal citation omitted]. Decided June 23, 2003. O'Connor noted that sometime in the future, perhaps twenty-five years hence, racial affirmative action would no longer be necessary in order to promote diversity. The Law School’s admissions policy, therefore, is constitutional. Past Presidents of the University of Michigan; Baldus, David C.; Pulaski, Charles A.; Woodworth, George (1992). It implied that affirmative action should not be allowed permanent status and that eventually a "colorblind" policy should be implemented. Specifically, the Law School considered an applicant’s personal statement, essay, letters of recommendation, and so-called “soft variables,” such as the enthusiasm of recommenders, and the quality of an applicant’s undergraduate school. The case generated a record number of amicus curiae briefs from institutional supporters of affirmative action. Another criticism raised by Justice Thomas compared Michigan Law to the University of California, Berkeley School of Law, where California's Proposition 209 had barred Berkeley Law from "granting preferential treatment on the basis of race in the operation of public education." Pg. With these observations, I join the last sentence of Part III of the opinion of the Court. The measure, called the Michigan Civil Rights Initiative, or Proposal 2, passed in November 2006 and prohibited the use of race in the Law School admissions processes. In Justice Thomas' opinion, there is no compelling state interest in Michigan maintaining an elite law school, because a number of states do not have law schools, let alone elite ones. Grutter Decision BIBLIOGRAPHY Grutter v. Bollinger (2003) was an attempt by the U.S. Supreme Court to define the acceptable boundaries of university affirmative action programs. The case of Gratz/Grutter V. Bollinger is actually two cases, but not only are they about the same thing they are against the same school. of … The plaintiffs subsequently requested the Supreme Court review. Judges R. Guy Cole Jr. and Martha Craig Daughtrey said that "Proposal 2 reorders the political process in Michigan to place special burdens on minority interests." The school admitted that its admission process favored certain minority groups, but argued that there was a compelling state interest to ensure a "critical mass" of students from minority groups. The Court held that the law school's interest in obtaining a "critical mass" of minority students was indeed a "tailored use". "Law and Statistics in Conflict: Reflections on McCleskey v. Kemp". Grutter v. Bollinger & Gratz v. Bollinger: Statement Analyzing the Implications of Supreme Court's Decisions for Higher Education America’s colleges and universities were big winners in Monday’s Supreme Court decisions, and now have the opportunity to pursue appropriate measures that take advantage of those victories. It started with Gratz, a young white woman that applied to the university of Michigan, despite having extremely high marks for her grades and … HeinOnline -- 152 U. Pa. L. Rev. The role of an applicant is to frame the issues in order to persuade the court that the federal appeals court was misguided in reversing the decision of … For the immediate future, however, the majority has placed its imprimatur on a practice that can only weaken the principle of equality embodied in the Declaration of Independence and the Equal Protection Clause. Justice Sandra Day O'Connor Majority Opinion in Grutter v. Bollinger et al. These cases are pending in U.S. District Courts and are partially on hold until the Supreme Court provides further guidance in its second UT Austin ruling. The opinion read, "race-conscious admissions policies must be limited in time." Moreover, Justice Thomas noted that in United States v. Virginia, 518 U.S. 515 (1996), the Court required the Virginia Military Institute to radically reshape its admissions process and the character of that institution. The notion of “critical mass” was not a quota calling for a fixed percentage of minority students. In "Gratz v. Bollinger" and "Grutter v. Bollinger," the U.S. Supreme Court, affirmed that race-based affirmative action policies were not a violation of the Equal Protection Clause of the Fourteenth Amendment and that such policies survive strict scrutiny because obtaining a diverse student body is a compelling purpose for establishing such policy. Grutter v. Bollinger, 539 U.S. 306 (2003), was a landmark case of the Supreme Court of the United States concerning affirmative action in student admissions. The Court agreed to hear the case, the first time the Court had heard a case on affirmative action in education since the landmark Bakke decision of 25 years prior. O'Connor's opinion answers the question for the time being as to whether "diversity" in higher education is a compelling governmental interest. The same advocacy group and legal team challenging UT Austin also filed lawsuits against Harvard University and the University of North Carolina at Chapel Hill in November 2014. Now we must wait another 25 years to see this principle of equality vindicated. The Law School strived to admit a diverse student body in selecting those 350 students. Gratz/Grutter V. Bollinger Case Study 822 Words | 4 Pages. The way in which the Law School tries to achieve a diverse student body is not narrowly tailored. 02-241.Supreme Court of United States. Native American[s], between 91 and 108... African American[s], and between 47 and 56... Hispanic[s]... One would have to believe that the objectives of 'critical mass' offered by respondents are achieved with only half the number of Hispanics, and one-sixth the number of Native Americans as compared to African Americans." No. Public and private universities across the Nation The Court allowed the recordings of the arguments to be released to the public the same day, only the second time the Court had allowed same-day release of oral arguments. Much of the dissent concerned a disbelief in the validity of the law school's claim that the system was necessary to create a "critical mass" of minority students and provide a diverse educational environment. Also, the Court found that the Law School’s individual review of each applicant (where race was only one of many factors) was narrowly tailored to achieve that compelling interest. The Court ultimately upheld MCRI in Schuette v. Coalition to Defend Affirmative Action.[8]. It was part of an effort to increase diversity. In the dissent, Chief Justice Rehnquist used admissions data to argue that unconstitutional discrimination occurred, despite the precedent set in McCleskey v. Kemp that dismiss statistical racial disparities as doctrinally irrelevant in equal protection claims. A lawyer who filed an amicus curiae brief on behalf of members and former members of the Pennsylvania legislature, State Rep. Mark B. Cohen of Philadelphia, said that Sandra Day O'Connor's majority decision in Grutter v. Bollinger was a "ringing affirmation of the goal of an inclusive society." Each year, the University of Michigan Law School receives approximately 3500 applications for 350 available seats. In 2003, the Supreme Court decided the landmark cases of Gratz v. Bollinger and Grutter v. Bollinger. The Court reasoned that the Law School’s goal of student diversity was a compelling interest. In a dissent joined by three other justices, Chief Justice William Rehnquist argued that the university's admissions system was, in fact, a thinly veiled and unconstitutional quota system. Grutter v. Bollinger: Synopsis Case Solution, In June 2003, the U.S. Supreme Court announced its decision in Grutter v. Bollinger, the observance of the principle of affirmative action in … Student diversity is an interest that is sufficiently compelling to justify the narrowly tailored use of race when a public university makes admissions decisions. GRUTTER v. BOLLINGER et al. In this case, the Law School’s policy amounts to racial discrimination, which the Fourteenth Amendment forbids. 02–241. Citing admissions statistics, the Chief Justice noted the tight correlation between the percentage of applicants and admittees of a given race and argued that the numbers were "far too precise to be dismissed as merely the result of the school paying 'some attention to [the] numbers.'". pp. The Court noted that the Law School’s policy does not amount to a racial quota. The statistics in the case demonstrate that fact. ISBN 978-0-387-97568-9. case and the 2003 . Grutter v. Bollinger: The Background. The Court found the use of affirmative action in school admissions can be constitutional provided that (i) race is only one of many factors considered; (ii) the purpose is a diverse student body; and (iii) an applicant’s race does not replace an individualized, holistic review of each applicant. Grutter V. Bollinger Research Paper 2 Abstract Barbara Grutter (plaintiff) which is a resident of Michigan who was denied admissions into the University of Michigan Law School. There is no question that racial bias, in education as elsewhere, still exists in this country. Second, the Court found that the Law School’s use of race was narrowly tailored. In both Grutter and Gratz, O'Connor was the swing vote. 565 Since this Court's splintered decision in Bakke Justice PowellS opinion announcing the judgment of the Court has served as the touchstone for constitu- tional analysis of race-conscious admissions policies. The University of Michigan Law School denied Barbara Grutter’s application to the School. The plaintiff is Ms. Barbara Grutter as the applicant. § 1981; that she was rejected because the Law School uses race as a … Greetings Court fans! University of Texas and its 2003 decision in Grutter v. Bollinger, in which the Court upheld the use of race as one factor in a holistic assessment of applicants at public universities, “are... inapplicable to private universities.” This assertion is simply wrong as a matter of current Supreme Court case law. All classifications based on race must be given strict scrutiny. certiorari to the united states court of appeals for the sixth circuit No. Grutter v. Bollinger. When Barbara Grutter (Plaintiff), a white Michigan resident with a 3.8 grade average and 161 LSAT score, was denied admission to the University of Michigan Law School (Defendant), she sued the latter in federal district court, alleging racial discrimination against her in violation of the Fourteenth Amendment on the basis of the law school’s (Defendant) direct consideration of … 5. Importantly, though, the Court ruled that a university was entitled to "no deference" on its judgment that race-based affirmative action was necessary to achieve diversity and its educational benefits. The District Court found the Law School's use of race as an admissions factor unlawful. Grutter claimed that the Law School’s use of. The plaintiff again appealed to the Supreme Court in 2016, which held that the Court of Appeals for the Fifth Circuit correctly found that the University of Texas at Austin's undergraduate admissions policy survived strict scrutiny, in accordance with Fisher v. University of Texas (2013). Justices Ruth Bader Ginsburg and Stephen Breyer concurred in the judgment, but did not subscribe to the belief that the affirmative measures in question would be unnecessary in 25 years. The phrase "25 years from now" was echoed by Justice Thomas in his dissent. v. Bakke, 438 … (eds.). 271–291. Justice Thomas concurred that racial preferences would be unlawful in 25 years, however, he noted that in fact the Court should have found race-based affirmative action programs in higher education unlawful now: I therefore can understand the imposition of a 25-year time limit only as a holding that the deference the Court pays to the Law School's educational judgments and refusal to change its admissions policies will itself expire. In this respect, Proposal 2 is similar to California's Proposition 209 and Washington's Initiative 200, other initiatives that also banned the use of race in public university admissions decisions. On April 1, 2003 the US Supreme Court heard oral arguments for Grutter. Decided June 23, 2003. The Court held that a student admissions process that favors "underrepresented minority groups" does not violate the Fourteenth Amendment's Equal Protection Clause so long as it takes into account other factors evaluated on an individual basis for every applicant. The Law School denied her admission. Justice Thomas, joined by Justice Scalia, issued a strongly worded opinion, concurring in part and dissenting in part, arguing that if Michigan could not remain a prestigious institution and admit students under a race-neutral system, the "Law School should be forced to choose between its classroom aesthetic and its exclusionary admissions system." The United States Supreme Court reversed and remanded the Sixth Circuit’s decision. Mr. Kolbo. It has been nearly 140 years since Frederick Douglass asked the intellectual ancestors of the Law School to "[d]o nothing with us!" In fact, the Law School gives weight to diversity factors other than race. In the majority were Justices O'Connor, Stevens, Souter, Ginsburg, and Breyer. Rather, the “critical mass” rationale is merely a bald-faced effort to attain racial balance. Ms Grutter, a white Michigan state resident, applied to the University of Michigan's Law School in Barbara Grutter, a white applicant with a 3.8 GPA and a 161 LSAT score, challenged the law school's program on equal protection grounds after she was denied admission. The Supreme Court, in a 5-4 decision, held that the Law School’s affirmative action policy was constitutional. As long as the program is "narrowly tailored" to achieve that end, it seems likely that the Court will find it constitutional. "The Court takes the Law School at its word that it would like nothing better than to find a race-neutral admissions formula and will terminate its use of racial preferences as soon as practicable. There is hope, however, that someday the country will not need race-conscious admissions policies. Grounding his analysis in the academic freedom that “long has been viewed as a special concern of the First Amendment,” id., at 312, 314, Justice Powell emphasized that the “ ‘nation’s future depends upon leaders trained through wide exposure’ to the ideas and mores of students as diverse as this Nation.” The decision of the US Supreme Court, which took place in June 2003, was regardingGrutter v. Bollinger, upholding the principle of affirmative action in university admissions, which had been challenged as a breach of the U.S. Constitution's Fourteenth Amendment. Rather, the Law School’s goal was to enroll a class that was qualified academically, while also being diverse. 6. To achieve that goal, the Law School admissions officials considered many factors beyond GPA and LSAT score. Abstract. The Court pointed to the fact that attaining a diverse student body leads to cross-racial understanding and prepares students for an increasingly diverse workforce. GRUTTER V. BOLLINGER, 2003 by Ansley Knox Daniel The purpose of this study is to identify primary themes related to student access to higher education and establishing diversity in higher education classrooms through a comparative analysis of the 1938 . In her majority opinion, O'Connor wrote that "race-conscious admissions policies must be limited in time," adding that the "Court expects that 25 years from now, the use of racial preferences will no longer be necessary to further the interest approved today." Argued April 1, 2003—Decided June 23, 2003 The University of Michigan Law School (Law School), one of the Nation’s top law schools, follows an official admissions policy that seeks to achieve Is a public university’s goal of “student diversity” sufficiently compelling to justify a narrowly tailored use of race in admissions decisions? 4. The case was heard in conjunction with Gratz v. Bollinger, 539 U.S. 244 (2003), in which the Court struck down the University of Michigan's more rigid, point-based undergraduate admission policy, which was essentially deemed a quota system. In this case, the Court reaffirmed that universities were entitled to deference on their judgment that diversity is a compelling state interest. case. [2], The University argued that there was a compelling state interest to ensure a "critical mass" of students from minority groups, particularly African Americans and Hispanics, which is realized within the student body. I therefore respectfully dissent from the remainder of the Court's opinion and the judgment. 02-241. No. It took adding an amendment to partially abolish slavery and another one to give rights to those descending from the slaves. The Court remanded the case to the Fifth Circuit Court of Appeals for reconsideration, and that court again upheld UT's use of race. [citation omitted] The Court defines this time limit in terms of narrow tailoring, [internal citation omitted] but I believe this arises from its refusal to define rigorously the broad state interest vindicated today. Steven Ehyss Constitutional Law & Public Policy 4 December 2012 Grutter v. Bollinger Thesis Without the amendments to the Constitution, minorities would lack proper protection of their rights to live a life of liberty. In May 2002, in a closely divided 5-4 ruling, the Sixth Circuit Court of Appeals reversed the decision, citing the Bakke decision and allowing the use of race to further the "compelling interest" of diversity. Yes. Chief Justice Rehnquist and Justices Scalia, Kennedy, and Thomas dissented. The Court found the use of affirmative action in school admissions can be constitutional provided that (i) race is only one of many factors considered; (ii) the purpose is a diverse student body; and (iii) an applicant’s race does not replace an individualized, holistic review of each applicant. She sued the Law School in Federal District Court, alleging that the Law School discriminated against her based on race in violation of the Fourteenth Amendment. The first time was Bush v. Gore, 531 U.S. 98 (2000), the case that ultimately ended the 2000 presidential election. The Sixth Circuit reversed, holding that Justice Powell's opinion in. 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