grutter v bollinger dissent

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The only cognizable state interests vindicated by operating a public law school are, therefore, the education of that State's citizens and the training of that State's lawyers. Id., at 533; Craig v. Boren, 429 U. S. 190, 197 (1976). 288 F.3d 732, 746, 749 (CA62002). Not every decision influenced by race is equally objectionable, and strict scrutiny is designed to provide a framework for carefully examining the importance and the sincerity of the government's reasons for using race in a particular context. ; see also Art. It is true that some language in those opinions might be read to suggest that remedying past discrimination is the only permissible justification for race-based governmental action. The data would be consistent with an inference that the Law School modified its target only twice, in 1991 (from 13% to 19%), and then again in 1995 (back from 20% to 13%). DeFunis, 416 U. S., at 342 (Douglas, J., dissenting). . It has been nearly 140 years since Frederick Douglass asked the intellectual ancestors of the Law School to "[d]o nothing with us!" The admissions program could have been structured to eliminate at least some of the risk that the promise of individual evaluation was not being kept. Nor can universities insulate applicants who belong to certain racial or ethnic groups from the competition for admission. Ibid. The decision produced six separate opinions, none of which commanded a majority of the Court. The Court held that the investigation violated due process. But see Gratz v. Bollinger, ante, p. 298 (GINSBURG, J., dissenting). He concluded that membership in certain minority groups "'is an extremely strong factor in the decision for acceptance,'" and that applicants from these minority groups "'are given an extremely large allowance for admission'" as compared to applicants who are members of nonfavored groups. . to the benefit of those without need for special solicitude"). Brief for Respondent Bollinger et al. If there is a "critical mass" of whites at these institutions, then "critical mass" is indeed a very small proportion. As we have recognized, law schools "cannot be effective in isolation from the individuals and institutions with which the law interacts." 518 U. S., at 544545. . Strict scrutiny is not "strict in theory, but fatal in fact. From 1995 through 2000, the Law School admitted between 1,130 and 1,310 students. 4(1) (1979) (authorizing "temporary special measures aimed at accelerating de facto equality" that "shall be discontinued when the objectives of equality of opportunity and treatment have been achieved"). The constitutionalization of "academic freedom" began with the concurring opinion of Justice Frankfurter in Sweezy v. New Hampshire, 354 U. S. 234 (1957). The Law School concedes this, but the Court holds, implicitly and under the guise of narrow tailoring, that the Law School has a compelling state interest in doing what it wants to do. By contrast, Michigan's other public law school, Wayne State University Law School, sends 88% of its graduates on to serve the people of Michigan. Cal. Although all gov-. 515 U. S., at 228. Adarand Constructors, Inc. v. Peña, 515 U. S., at 227. Because the Equal Protection Clause renders the color of one's skin constitutionally irrelevant to the Law School's mission, I refer to the Law School's interest as an "aesthetic." . Today, we hold that the Law School has a compelling interest in attaining a diverse student body. The Court concludes, however, that the Law School's use of race in admissions, consistent with Justice Powell's opinion in Bakke, only pays" '[s]ome attention to numbers.'" 427, 471 (1997)). Seeking to "admit a group of students who individually and collectively are among the most capable," the Law School looks for individuals with "sub-. See id., at 11; Brief for National Urban League et al. Id., at 113. Finally, race-conscious admissions policies must be limited in time. [Footnote 10] I will not twist the Constitution to invalidate legacy preferences or otherwise impose my vision of higher education admissions on the Nation. 438 U. S. 265 (1978). The Law School's interest is not simply "to assure within its student body some specified percentage of a particular group merely because of its race or ethnic origin." Ante, at 338 (citing Brief for Respondent Bollinger et al. Briefs of amici curiae urging reversal were filed for the State of Florida et al. First, I note that the issue of unconstitutional racial discrimination among the groups the Law School prefers is not presented in this case, because petitioner has never argued that the Law School engages in such a practice, and the Law School maintains that it does not. It follows from this mandate that universities cannot establish quotas for members of certain racial groups or put members of those groups on separate admissions tracks. Learn how your comment data is processed. require[s] only a good-faith effort . I join the opinion of THE CHIEF JUSTICE. Second, the Court has recognized as a compelling state interest a government's effort to remedy, past discrimination for which it is responsible.

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