Barbara grutter, plaintiff, lee bollinger jeffrey lehman. In sum, an organization should be selective in deciding when to file an brief, and should. Grutter attacked the universitys affirmativeaction policy on the. When cir filed suit on behalf of grutter, its goal seemed in sight. 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. Grutter claimed that the law schools use of affirmative action in its admissions policy violated her equal protection rights under the fourteenth. Certiorari to the united states court of appeals for the sixth circuit no. Several years after cirs historic victory in the fifth circuit, hopwood v. Moreover, because universities, and in particular, law schools, represent the training ground for a large number of the nations leaders, sweatt v. Bollinger, challenged the affirmative action admissions practices of the university of michigans law school and undergraduate programs, respectively. Petitioners gratz and hamacher, both of whom are michigan residents. Accordingly, the court ordered that the law school is hereby enjoined from using applicants race as a factor in its admissions decisions. Bollinger, a case decided by the united states supreme court on june 23, 2003, upheld the affirmative action admissions policy of the university of michigan law school.
Supreme court of the united states syllabus grutter v. The law school also considers soft variables like the enthusiasm of the recommenders. Bollinger syllabus which race or ethnic background may be deemed a plus in a particular applicants file. The decision permitted the use of racial preference in student admissions to promote student diversity. University of texas at austin, the supreme court vacated and remanded an appeals court decision that had rejected a challenge to an affirmative action program modeled on the one approved in gratz, finding that the lower. But not all such uses are invalidated by strict scrutiny. Diversity is a compelling interest that can justify the narrowly tailored use of race when public universities select applicants for admission. Argued april 1, 2003decided june 23, 2003 petitioners gratz and hamacher, both of whom are michigan residents and caucasian, applied for admission to the university of michigans. Two caucasians challenged the university of michigans admissions policy after being denied entry into the undergraduate program, claiming the procedure violated the 14th amendments equal protection clause. The law school initially placed petitioner on a waiting list, but subsequently rejected her application. Plaintiff barbara grutter files a similar lawsuit challenging racebased admissions at the university of michigan law school. Bollinger6 are the most recent successors tobrowns legacy.
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. Opinion files contain memoranda and drafts of majority opinions, dissents, and concurrences. Case summary the united state supreme court case of grutter v. Petitioner barbara grutter is a white michigan resident who applied to the law school in 1996 with a 3. Grutter named lee bollinger, president of the university of michigan at the time, as the defendant. Also, the program adequately ensures that all factors. 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.
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. Order racial discrimination in the light of grutter v. Grutters application the law school at the university of michigan. 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. Can colleges use racial preferences to increase the number of minorities in student admissions without violating the 14th amendment. Unlike the law school admissions policy the court upholds today in grutter v. 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.
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. Bollinger, the us supreme court decided that the university of michigan had acted lawfully. Constitution, title vi of the civil rights act of 1964, and 42 u. Balkin fiftyeight years separate the 1896 decision in plessy v. The syllabus constitutes no part of the opinion of the court but has been. Justice oconnor delivered the opinion of the court. Download april 12, 2003 argument calendar pdf download april 2, 2003 argument calendar pdf click here for 2001 docket note. 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. 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. Supreme courts admonition to seriously consider other options before using raceconscious admissions policies schmidt, 2008, p. Barbara grutter applied to law school at the university of michigan. 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. Many documents listed on this page are pdf files that may be viewed using adobereader.
Who was barbara grutter and what did she attempt to do in 1996. While the specific cases before the court involve undergraduate gratz v. 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 basis for. The university of michigan law school defendant receives more th. These soft variables not only bear on the applicants likely. Master report to intervene and file answer at 12, alaska v. In 2003, the supreme court decided the landmark cases of gratz v. Reproductions supplied by edrs are the best that can be. Barbara grutter was a 43 yearold single white mother who wanted to attend the university of michigan law school.
Syllabus criminate on the basis of race, and an order requiring the lsa. Argued april 1, 2003sdecided june 23, 2003 the university of michigan law school law school, one of the nations top law schools, follows an official admissions policy that seeks to achieve student body diversity through compliance with regents of univ. What were grutters qualifications for admission to the universitys law school. Bollinger,14 the university of michigan law schools raceconscious affirmative action policy. 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. Bollinger case file in its original wording from the library of congress, complete with its stipulated facts, opinion of the c. Bollinger syllabus military leaders assert that a highly qualified, racially diverse officer corps is essential to national security. Bollinger, united states supreme court, 2003 case summary for gratz v. Barbara grutter, petitioner,andjennifer gratz and patrick hamacher, petitioners, v. Court of appeals for the sixth circuit in grutter v. 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 landscape. Also, the program adequately ensures that all factors that. Supreme court of the united states attorney general of.
Barbara grutter applied for admission to the university of michigan law school with a personal right guaranteed by the constitution that she would not have her. Grutter alleged that the policy constituted discrimination on the basis of race in violation of the fourteenth amendment of the u. The procedure automatically added 20 points onto the. When the law school denied admission to petitioner grutter, a white michigan resident with a 3. Argued april 1, 2003decided june 23, 2003 the university of michigan law school law school, one of the na. Bollinger, challenged the affirmative action admissions practices of the university of michigans undergraduate and law school programs, respectively. Bollinger opinion of the court filed suit in the united states district court for the eastern district of michigan against the law school, the regents of the university of michigan, lee bollinger dean of the law school from 1987 to 1994, and president of the university of michigan from 1996 to 2002, jeffrey leh. Constitution, and the federal civil rights statute, 42 u. She was rejected, even though her grades were higher than some of the minority candidates who were admitted.
Reproductions supplied by edrs are the best that can be made. Court of appeals for the sixth circuit heard this case the same day as grutter v. When the law school denied admission to petitioner grutter, a white. Briefs available on this page may not match originals in format and appearance. White papers, opinion files and related administrative records documenting cases heard during whites tenure on the u. Home collections pronouncing dictionary of scotus grutter v. Bollinger, though it ruled that race could not be the preeminent factor in such decisions as it struck down the universitys undergraduate admissions policy that awarded points to students on the basis of race gratz v. Bollinger, the plaintiffs, who are caucasians and were denied undergraduate admission to the university of michigan, filed a class action against the university, alleging that the university violated title vi of the civil rights act of 1964, the equal protection clause of the fourteenth amendment to the u. Grutter filed an injunction against the massive university in 2007. There is no combination of grades and test scores, however, below which an applicant will automatically be denied admission, or above which admission is guaranteed. The united states supreme court was announced the extremely tight decision of 54 on june 23, 2003.
In a 63 decision announced on june 23, 2003, chief justice rehnquist, writing for the court, ruled the universitys point systems predetermined point allocations that awarded 20 points towards admission to. 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. The law school ranks among the nations top law schools. Dec 22, 2019 barbara grutter was a woman living in michigan. The university of michigan law school denied barbara grutter s application to the school. Bollinger, a similar case, and upheld the universitys admission policies in that case.
Grutter, a white michigan resident, then sued the law school. The university of michigan law school denied barbara grutters application to the 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. Bollinger page 4 moves into the grids upper righthand corner.
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