grutter v bollinger dissent


30. Here, the Law School engages in a highly individualized, holistic review of each applicant's file, giving serious consideration to all the ways an applicant might contribute to a diverse educational environment. The Court also holds that racial discrimination in admissions should be given another 25 years before it is deemed no longer narrowly tailored to the Law School's fabricated compelling state interest. by Victor A. Bolden and Nelson A. Diaz; for the American Bar Association by Paul M. Dodyk and Rowan D. Wilson; for the American Educational Research Association et al. Nor is the Court's holding that racial discrimination will be unconstitutional in 25 years made contingent on the gap closing in that time. Virginia is also notable for the fact that the Court relied on the "experience" of formerly single-sex institutions, such as the service academies, to conclude that admission of women to VMI would be "manageable." Dr. Larntz conceded, however, that race is not the predominant factor in the Law School's admissions calculus. School Bd., 195 F.3d 698 (CA4 1999); Johnson v. Board of Regents of Univ. I do, however, find two points on which I agree. O'CONNOR, J., delivered the opinion of the Court, in which STEVENS, SOUTER, GINSBURG, and BREYER, JJ., joined, and in which SCALIA and THOMAS, JJ., joined in part insofar as it is consistent with the views expressed in Part VII of the opinion of THOMAS, J. GINSBURG, J., filed a concurring opinion, in which BREYER, J., joined, post, p. 344. The Court's refusal to apply meaningful strict scrutiny will lead to serious consequences. 34).
12 Tr. by Jack Greenberg and Saul B. Shapiro; for the City of Philadelphia, Pennsylvania, et al. Prospective students, the courts, and the public can demand that the State and its law schools prove their process is fair and constitutional in every phase of implementation. Contrary to JUSTICE KENNEDY'S assertions, we do not "abando[n] strict scrutiny," see post, at 394 (dissenting opinion). Sitting en banc, the Court of Appeals reversed the District Court's judgment and vacated the injunction. We have said that when it comes to the use of race, the connection between the ends and the means used to attain them must be precise. With her on the brief were John H. Pickering, John Payton, Brigida Benitez, Craig Goldblatt, Terry A. Maroney, Marvin Krislov, Jonathan Alger, Evan Caminker, Philip J. Kessler, and Leonard M. Niehoff, Miranda K. S. Massie and George B. Washington filed a brief for respondent James et al. 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 student body diversity through compliance with Regents of Univ.

That is, the Law School wants to have a certain appearance, from the shape of the desks and tables in its classrooms to the color of the students sitting at them. (No.

Justia makes no guarantees or warranties that the annotations are accurate or reflect the current state of law, and no annotation is intended to be, nor should it be construed as, legal advice. What the Black Man Wants: An Address Delivered in Boston, Massachusetts, on 26 January 1865, reprinted in 4 The Frederick Douglass Papers 59, 68 (J. Blassingame & J. McKivigan eds. by Erik S. Jaffe; and for the Reason Foundation by Martin S. Kaufman.

Bakke, 438 U. S., at 315 (opinion of Powell, J.). Ibid. But, as THE CHIEF JUSTICE concedes, the number of underrepresented minority students who ultimately enroll in the Law School differs substantially from their representation in the applicant pool and varies considerably for each group from year to year. Ibid. In the end, the District Court concluded that the Law School's use of race as a factor in admissions decisions was unlawful. and the Nation adopted the Fourteenth Amendment. The Law School maintains that it wishes to obtain "educational benefits that flow from student body diversity," Brief for Respondent Bollinger et al. The policy scored students higher for admission for students who were underrepresented minorities, socioeconomically disadvantaged, attended a high school with a predominantly underrepresented minority population, or underrepresented in the unit the student is applying to. Pp. As the District Court emphasized, the Law School's admissions policy promotes "cross-racial understanding," helps to break down racial stereotypes, and "enables [students] to better understand persons of different races." Justice Thomas concurred in the majority’s reasoning that affirmative action programs should be viewed with suspicion, but he dissented from the Court’s holding that the law school’s admission program passed such heightened judicial scrutiny. It is well documented that conscious and unconscious race bias, even rank discrimination based on race, remain alive in our land, impeding realization of our highest values and ideals.

Ibid. public education,"[Footnote 8] Boalt Hall enrolled 20 blacks and 28 Hispanics in its first-year class for 1996.

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