Section II A
Touchstone for constitutional analysis of race-conscious
Public and private universities
across the Nation have modeled their own admissions programs on
Justice Powell's views.
The Court endorses Justice Powell's
view that student body diversity is a compelling state interest
in the context of university admissions.
Section II B
All racial classifications are subject to Strict Scrutiny
All racial classifications imposed
by the government must be analyzed by a reviewing court under
Not All racial classifications are invalided by Strict Scrutiny
When race-based action is necessary
to further a compelling governmental interest, such action does
not violate the constitutional guarantee of equal protection so
long as the narrow-tailoring requirement is also satisfied.
Section III - A
Whether the use of race as a factor
in student admissions is unlawful?
Degree of deference to universitys academic decisions
Goal of assembling a class that is
both exceptionally academically qualified and broadly diverse.
Goal it to benefit for a racially
diverse classroom that has livelier discussion and simply more
Uses limited race recruiting to
achieve both a highly qualified and racially diverse office
Universities are the training grounds for our nations leaders.
Sweatt v. Painter
Individuals with law degrees occupy
roughly half the state governorships, more than half the seats
in the United States Senate, and more than a third of the seats
in the United States House of Representatives.
Access to legal education (and thus
the legal profession) must be inclusive of talented and
qualified individuals of every race and ethnicity, so that all
members of our heterogeneous society may participate in the
educational institutions that provide the training and education
necessary to succeed in America.
Section III B
Narrowly tailored Cannot use quota system
A race-conscious admissions program
cannot use a quota system--it cannot "insulate each category of
applicants with certain desired qualifications from competition
with all other applicants." Bakke, supra, at 315, 57 L Ed 2d
Narrowly tailored Race is a Plus
Instead, a university may consider
race or ethnicity only as a "'plus' in a particular applicant's
file," without "insulating the individual from comparison with
all other candidates for the available seats."
Some attention to numbers is okay
There is of course "some
relationship between numbers and achieving the benefits to be
derived from a diverse student body, and between numbers and
providing a reasonable environment for those students admitted
"Some attention to numbers," without more, does not transform a
flexible admissions system into a rigid quota.
In this Case
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
The Law School affords this
individualized consideration to applicants of all races. There
is no policy, either de jure or de facto, of automatic
acceptance or rejection based on any single "soft" variable.
Unlike the program at issue in Gratz
v Bollinger, ante, the Law
School awards no mechanical, predetermined diversity "bonuses"
based on race or ethnicity.
Grutter Arg Not Narrowly Tailored
The Law School's plan is not
narrowly tailored because race-neutral means exist to obtain the
educational benefits of student body diversity that the Law
- We disagree - Narrow tailoring requires
Narrow tailoring does not require
exhaustion of every conceivable race-neutral alternative.
Nor does it require a university to
choose between maintaining a reputation for excellence or
fulfilling a commitment to provide educational opportunities to
members of all racial groups.
Narrow tailoring does, however, require serious, good faith
consideration of workable race-neutral alternatives that will
achieve the diversity the university seeks.
Would sacrifice educational values
High School Percentage Plan
May preclude individualized
assessments necessary to assemble a diverse student body.
Sun Set Race Conscious Provisions
Periodic reviews to determine
whether racial preferences are still necessary to achieve study
University of Michigan Law School Goal
Trying to find a race-neutral
Terminate racial conscious
admissions program as soon as possible.
Justice Thomas Joins Part I-VII, Concurring in part and
dissenting in part
Do nothing with us!
Give him a chance to stand on his
Measures a State must take
constitute a pressing public necessity.
Section III B
No pressing public necessity
There is not pressing public
necessity in maintain a PUBLIC law school at all, and certainly
not an ELITE law school.
Some states dont even have an ABA
accredited law school.
No Compelling state interests
Less than 16% of Michigan Law School
students practice in Michigan.
It has become a way-station for the
rest of the countries lawyers.
Section IV Minimum Qualifications Method
Minimum Qualifications Method
With the adoption of different
admissions methods, such as
accepting all students who meet minimum qualifications,
the Law School could achieve its vision of the racially
aesthetic student body without the use of racial discrimination.
Impairs learning among black students.
is racial segregation.
Satisfied mission without resulting
to racial discrimination.
Where a person would be admitted to
a school if they complete the course offered by the school.
The vehicle for racial, ethnic, and
Comes with Constitutional burdens.
Equal Protection Forbids, but the Court TODAY allows
The use of merit based standards
WITH racial discrimination.
Section VI Overmatched students take bait
Tantalize unprepared overmatched
Find out they cannot succeed in the
No evidence they receive a better
Stigma of which black were admitted
because of race or because of merit.
Less Elite Schools
Many of these students are admitted
with dreams of obtaining a law degree from a prestigious school
only to find failure in the face of competition among the
Yet, had these students attended a
less-elite school with other students of like caliber, their
legal education may very well be enhanced, and their successes
more easily achieved.
Section VII imprimatur (Official approval)
Our Constitution is color blind.
Our nation has adopted the
No we must wait another 25 years to
see this principal of equality vindicated.