Some assume that the intentional use of race should be carefully scrutinized only when the intent is to harm a group or an individual defined by race, color, or national origin. That interest was not focused on race alone but encompassed all factors that may contribute to. The court held that a student admissions process that favors underrepresented minority groups does not violate the fourteenth amendments equal protection clause so long as it takes into account other factors evaluated on an individual. Justice ruth bader ginsburg s legitimization of the role of comparative and international law in u. The latest versions of adobe reader do not support viewing pdf files within. This case requires us to decide whether the use of race as a factor in student admissions by the university of michigan law school law school is unlawful. Thats what is euphemistically called affirmative action in the. Grutter applied to the school and had an undergraduate gpa of 3. It receives more than 3,500 applications each year for a class of. Bollinger syllabus which race or ethnic background may be deemed a plus in a particular applicants file. However, analysis of the impact of the clinton administrations policy change leads to the conclusion that constitutional flexibility to establish racial. Bollinger find, read and cite all the research you need on researchgate. Indeed, what can a tax law professor and a labor law professor add to the cacophony of voices of leading constitutional law scholars on the courts most important pronouncement on race.
The court is expected to issue a ruling in the highstakes case that restricts racial preferences more sharply than its 2003 rulings in grutter v. Bollinger was a landmark case of the supreme court of the united states concerning affirmative action in student admissions. Pdf on nov 1, 2003, neal devins and others published explaining grutter v. Bollinger 2003 barbara grutter, michigan resident and applicant to the law school at the university of michigan, filed an injunction against the university in 2007. Kemp, the supreme court rendered statistical evidence of racial disparities doctrinally irrelevant to a criminal defendants equal protection claim. Diversity is a compelling interest that can justify the narrowly tailored use of race when public universities select applicants for admission. Supreme court of the united states attorney general of. Bollinger presented the question, in the words of associate justice sandra day o. I a the law school ranks among the nations top law schools. Jurisprudence article begins on next page the harvard community has made this article openly available. Briefs available on this page may not match originals in format and appearance. When the law school denied admission to petitioner grutter, a white. Court of appeals for the sixth circuit heard this case the same day as grutter v.
The university of michigan law school denied barbara grutter s application to the school. Grutter, a white michigan resident, then sued the law school. Home collections pronouncing dictionary of scotus grutter v. Bollinger, the court had a chance to clarify its ruling in bakke and determine the extent to which public universities could constitutionally consider race as a factor in admissions. The two cases were filed in 1997 by white plaintiffs who alleged that the universitys use of race violated their constitutional right to equal protection of. The use of an applicants race as one factor in an admissions policy of a public educational institution does not violate the equal protection clause of the fourteenth amendment if the policy. Bollinger surname bollinger bands, a technical analysis tool invented by john bollinger in the 1980s. Argued april 1, 2003decided june 23, 2003 the university of michigan law school law school, one of the nations top law schools, follows an of. Also, the program adequately ensures that all factors. Can colleges use racial preferences to increase the number of minorities in student admissions without violating the 14th amendment. The university of michigan law school denied barbara grutters application to the school. Bollinger, upholding the principle of affirmative action in university admis. Bollinger, challenged the affirmative action admissions practices of the university of michigans law school and undergraduate programs, respectively.
A legal analysis of the university of michigan ahirmative action cases 1 civil rights project at harvard univ. Supreme court rules 54 in favor of the university of michigans law school use of race. The two cases were filed in 1997 by white plaintiffs who alleged that the universitys use of race violated their constitutional right to equal protection of the laws. Rehnquist racebased college admissions violate individual rights a. Bollinger case file in its original wording from the library of congress, complete with its stipulated facts, opinion of the c. Pics, grutter, and elite public secondary education. Grutter claimed that the law schools use of affirmative action in its admissions policy violated her equal. The petitioners in this case then asked the court to grant certiorari, despite the lack of opinion from the lower court, to resolve the issue. Bollinger racism, at its modernday worst grutter v. Bollinger 2003 suggest that it may now be constitutionally feasible to strengthen affirmative action in federal hrm. Jurisprudence, in essays in honor of justice ruth bader ginsburg feb. Justia us law us case law us supreme court volume 539 grutter v. Caron, paul l gely, rafael university of minnesota law school, 2004 view download file. The purpose of this study was to understand why the affirmative action university admissions legal cases of gratz v.
In the supreme court of the united states abigail noel fisher, petitioner v. Bollinger, the supreme court affirmed the value of diversity as a. This article scrutinizes the inconsistencies in the 2003 grutter v. On june 23, 2003, the supreme court of the united states, in a five to four. Pdf the future of affirmative action after grutter v. Race may be considered in an individual assessment, but not as a sole or contributing factor for admission. This was the first social science study exploring whether. Barbara grutter, petitioner,andjennifer gratz and patrick hamacher, petitioners, v. Bollinger syllabus military leaders assert that a highly qualified, racially diverse officer corps is essential to national security. Opinion files contain memoranda and drafts of majority opinions, dissents, and concurrences. Mar 20, 2017 following is the case brief for grutter v.
Download april 12, 2003 argument calendar pdf download april 2, 2003 argument calendar pdf click here for 2001 docket note. As to public education, data for the years 20002001 show that 71. Contributing to the growing legal literature on social movements and constitutional culture, this article uses the widespread public mobilization that occurred around grutter v. Bollinger, a similar case, and upheld the universitys admission policies in that case. Pronouncing dictionary of the supreme court of the united states. 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 within the browser window. 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.
Admission criteria based on race must be narrowly tailored to achieve a compelling interest. Moreover, these cases are not governed by grutter v. Bollinger through the lens of the case of the speluncean explorers. What can a fifty yearold hypothetical about human cannibalism concocted by the late lon fuller teach us about the supreme courts recent foray into the affirmative action debate in twentyfirst century america. Bollinger neal devinst by approving raceconscious university admissions, the rehnquist court echoed the opinions of congress, the states, big business, academics, newspapers, and, to a lesser extent, the bush administration in short, rather than join forces with the politically isolated opponents. Connor of whether the use of race as a factor in student admissions by the university of michigan law school. The effects of racial preferences in higher education on. Bollinger, a case of the supreme court of the united states regarding the affirmative action admissions policy of the university of michigan law school in 2003. Follow the money ebook global constitutionalism seminar. White papers, opinion files and related administrative records documenting cases heard during whites tenure on the u. Bollinger 2003barbara grutter, michigan resident and applicant to the law school at the university of michigan, filed an injunction against the university in 2007. Bollinger supreme court decision which upheld the university of michigans law school affirmative action policy. Article information, pdf download for the supreme court rulings in grutter v.
Bollinger, chief justice rehnquistpart of the mccleskey majorityinvoked admissions data to support his conclusion that the university of michigan law school had unconstitutionally. Supreme court of the united states 539 us 306 2003 b. Includes bibliographical references pages 173178 and index upholding legalized segregation. The university of michigan law school defendant receives more th. Facts of the case in 1997, barbara grutter, who was a white resident in michigan, applied to be admitted into the university of michigan law school. Intergroup relations after affirmative action, 86 calif. Bollinger syllabus title vi of the civil rights act of 1964, and 42 u. Bollinger opinion of the court body diversity complied with this courts most recent ruling on the use of race in university admissions. Upon the unanimous adoption of the committees report by the law school faculty, it became the law schools official admissions. Petitioners have standing to seek declaratory and injunctive relief. Moreover, because universities, and in particular, law schools, represent the training ground for a large number of the nations leaders, sweatt v.