Friday, August 31, 2012

Supremes will revisit affirmative action in college admissions

Fisher v. Texas, on the high court's docket for next term, will revisit the Grutter case.

What was Grutter?

Supreme Court of the United States

Barbara GRUTTER, Petitioner,
Lee BOLLINGER et al.

No. 02-241.

Argued April 1, 2003.
Decided June 23, 2003.
Rehearing Denied Aug. 25, 2003.
See 539 U.S. 982, 124 S.Ct. 35

Law school applicants who were denied admission challenged race-conscious admissions policy of state university law school, alleging that the admissions policy encouraging student body diversity violated their equal protection rights. The United States District Court for the Eastern District of Michigan, Bernard A. Friedman, J., 137 F.Supp.2d 821, held that the law school's consideration of race and ethnicity in its admissions decisions was unlawful and enjoined law school from using race as a factor in its admissions decisions. Appeal was taken. Sitting en banc, the United States Court of Appeals for the Sixth Circuit, 288 F.3d 732, Boyce F. Martin, Jr., Chief Judge, reversed the District Court's judgment and vacated the injunction. Certiorari was granted. The United States Supreme Court, Justice O'Connor, held that: (1) law school had a compelling interest in attaining a diverse student body; and (2) admissions program was narrowly tailored to serve its compelling interest in obtaining the educational benefits that flow from a diverse student body, and thus did not violate the Equal Protection Clause.


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