May 29, 2012 but at least in the lower courts, opponents of affirmative action had argued that the university of texass use of race was illegal under a 2003 precedent, grutter v. Barbara grutter, a caucasian resident of michigan applied to the university of michigan law school, one of the nations top law schools. At first plaintiff was placed on a waiting list, but in june 1997 her application was rejected. Constitution, and the federal civil rights statute, 42 u. Bollinger syllabus title vi of the civil rights act of 1964, and 42 u. In 2003, the supreme court decided the landmark cases of gratz v. Her application was denied and she filed suit in a federal district court against lee bollinger, the dean of the. Bollinger 2003dissenting opinion william rehnquist the law school has offered no explanation for its actual admissions practices and, unexplained, we are bound to conclude that the law school has managed its admissions program, not to achieve a. The case for raceconscious remedies in residential segregation suits adam weiss race discrimination in housing is not always an individual phenomenon. Bollinger has been extensive in the higher education landscape, k12 landscape, and employment laws in the united states. Anker clinical professor of law director, harvard immigration and refugee clinic i n grutter v.
In a 54 opinion delivered by justice sandra day oconnor, the court held that the equal protection clause does not prohibit the law schools 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. Accordingly, the court ordered that the law school is hereby enjoined from using applicants race as a factor in its admissions decisions. Home collections pronouncing dictionary of scotus grutter v. Opinion files contain memoranda and drafts of majority opinions, dissents, and concurrences. When cir filed suit on behalf of grutter, its goal seemed in sight. Bollinger, post, at 15 21, the court has today rejected petitioners argument that diversity.
Bollinger trial in federal district court plaintext format what follows is the full transcript of the 15day grutter v. 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 is narrowly tailored to the compelling interest of promoting a diverse student body, and if it uses a holistic process to evaluate each applicant, as opposed to a quota system. Respondents themselves emphasize that the number of underrepresented minority students admitted to the law school would be significantly smaller if the race of each applicant were not considered. Barbara grutter, petitioner,andjennifer gratz and patrick hamacher, petitioners, v. Bollinger, by a 63 vote, the court struck down a different admissions process being used by the university of michigans undergraduate school. Her credentials included an undergraduate gpa of 3. Respondents are lee bollinger, jeffrey lehman, dennis shields. Master report to intervene and file answer at 12, alaska v. White papers, opinion files and related administrative records documenting cases heard during whites tenure on the u.
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. Defendants have indicated that they intend to appeal the courts decision. Several years after cirs historic victory in the fifth circuit, hopwood v. Petitioner barbara grutter is a white michigan resident who applied to the law school in 1996 with a 3. In addition to these hard data, however, the schools consider soft variables. Bollinger case file in its original wording from the library of congress, complete with its stipulated facts, opinion of the c. The law school ranks among the nations top law schools.
When the law school denied admission to petitioner grutter, a white michigan resident with a 3. Taken in its entirety, the transcript reveals the breadth and depth of the defense of affirmative action at the university of. Supreme court of the united states attorney general of. Grutter alleges that in 1996 she applied for admission to the university of michigan law school hereinafter the law school. 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. She is plaintiff in the district court and appellee in the court of appeals.
Diversity is a compelling interest that can justify the narrowly tailored use of race when public universities select applicants for admission. The policy requires admissions officials to evaluate each applicant based on all the information available in the file, including a personal statement, letters of. Bollinger supreme court decision which upheld the university of michigans law school affirmative action policy. Lillian goldman law library contact webmaster 127 wall street, new haven, ct 06511. Plaintiff barbara grutter commenced this action in december 1997. Although these decisions clarify twentyfive years of doubt about the constitutional legitimacy of voluntary racial inclusion, they do not revisit or revise the impoverished postbrown doctrinal. Justice ruth bader ginsburgs legitimization of the role of comparative and international law in u. Thats what is euphemistically called affirmative action in the. In a 54 decision announced on june 23, 2003, the supreme court upheld the affirmative action policy. Bollinger opinion of clarence thomas frederick douglass, speaking to a group of abolitionists almost 140 years ago, delivered a message lost on todays majoritylike douglass, i believe blacks can achieve in every avenue of american life without the meddling of university administrators. Bollinger case and the president of the university of michigan. Barbara grutter, plaintiff, lee bollinger jeffrey lehman. Discriminatory practices are often carried out at the local government level or higher, requiring litigants to undertake largescale litigation in order. Bollinger, the us supreme court decided that the university of michigan had acted lawfully.
Case brief grutter v bollinger respondent grutter vs. Barbara grutter applied to law school at the university of michigan. In grutter, justice sandra day oconnor wrote the opinion for the majority. The law school initially placed petitioner on a waiting list, but subsequently rejected her application. But not all such uses are invalidated by strict scrutiny. She brings this action on her own behalf and on behalf of a certified class of similarly situated persons. This court granted certiorari in both cases, even though the sixth circuit had not yet rendered judgment in this one. Protection clause of the fourteenth amendment, title vi of the civil rights act of. Opinion of the court body diversity complied with this courts most recent ruling on the use of race in university admissions. 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. Bollinger, challenged the affirmative action admissions practices of the university of michigans law school and undergraduate programs, respectively. The ultimate unknown is how will the decision play in the future as the demographic makeup of the country changes dramatically from majority white to majority non.
Synopsis excel file, subjects covered affirmative action diversity goal setting legal aspects of business personnel policies. In the law school, these include the enthusiasm of the applicants recommenders, the quality of the undergraduate institution, the quality of the applicants essay, residency, leadership and work. What were grutters qualifications for admission to the universitys law school. Respondents are lee bollinger, jeffrey lehman, dennis shields, and the board of regents of the university of michigan. Schools are allowed to use race as a factor in the. Synopsis excel file, subjects covered affirmative action diversity goal setting legal aspects of business personnel policies social responsibility by lynn sharp paine 6 pages.
Bollinger racism, at its modernday worst grutter v. Bollinger, post, at 327333, the court has today rejected petitioners argument that diversity cannot constitute a compelling state interest. Bollinger is president of the university of michigan, and previously served as dean of the university of michigan law school. 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. 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 defendant receives more th. Grutter became the lead plaintiff after a few conservative state legislators who opposed affirmative action collected about 100 potential plaintiffs for a reverse discrimination challenge. These soft variables not only bear on the applicants likely. Racebased action necessary to further a compelling govern. Bollinger presented the question, in the words of associate justice sandra day o. Supreme court of the united states antidefamation league. She was rejected, even though her grades were higher than some of the minority candidates who were admitted. Contributing to the growing legal literature on social movements and constitutional culture, this article uses the widespread public mobilization that occurred around grutter v.
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. Bollinger6 are the most recent successors tobrowns legacy. In 1997, barbara grutter, a white resident of michigan, applied for admission to the university of michigan law school. 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. But at least in the lower courts, opponents of affirmative action had argued that the university of texass use of race was illegal under a 2003 precedent, grutter v. Bollinger 2003dissenting opinion william rehnquist the law school has offered no explanation for its actual admissions practices and, unexplained, we are bound to conclude that the law school has managed its admissions program, not to achieve a critical mass, but to extend offers of admission. Barbara grutter, an unsuccessful applicant to the law school, on behalf of herself and others similarly situated, urges us to affirm the district courts decision.