Bollinger syllabus title vi of the civil rights act of 1964, and 42 u. Supreme court of the united states 539 us 306 2003 b. Upon the unanimous adoption of the committees report by the law school faculty, it became the law schools official admissions. Bollinger syllabus which race or ethnic background may be deemed a plus in a particular applicants file. Can colleges use racial preferences to increase the number of minorities in student admissions without violating the 14th amendment. Download april 12, 2003 argument calendar pdf download april 2, 2003 argument calendar pdf click here for 2001 docket note. Bollinger opinion of the court body diversity complied with this courts most recent ruling on the use of race in university admissions. 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. Bollinger, chief justice rehnquistpart of the mccleskey majorityinvoked admissions data to support his conclusion that the university of michigan law school had unconstitutionally.
This court granted certiorari in both cases, even though the sixth circuit had not yet rendered judgment in this one. The effects of racial preferences in higher education on. Bollinger find, read and cite all the research you need on researchgate. Opinion files contain memoranda and drafts of majority opinions, dissents, and concurrences. Bollinger 2003 suggest that it may now be constitutionally feasible to strengthen affirmative action in federal hrm. When cir filed suit on behalf of grutter, its goal seemed in sight. Grutter applied to the school and had an undergraduate gpa of 3. Ward in the renowned pair of higher education cases decided in 2003, gratz v. The university of michigan law school denied barbara grutters application to the school.
Moreover, these cases are not governed by grutter v. The purpose of this study was to understand why the affirmative action university admissions legal cases of gratz v. Rehnquist racebased college admissions violate individual rights a. The university of michigan law school denied barbara grutter s application to the school. Some assume that the intentional use of race should be carefully scrutinized only when the intent is to harm a group or an individual defined by race, color, or national origin. Briefs available on this page may not match originals in format and appearance.
Petitioners have standing to seek declaratory and injunctive relief. Jurisprudence article begins on next page the harvard community has made this article openly available. On june 23, 2003, the supreme court of the united states, in a five to four. In the supreme court of the united states abigail noel fisher, petitioner v. A legal analysis of the university of michigan ahirmative action cases 1 civil rights project at harvard univ. Bollinger 2003barbara grutter, michigan resident and applicant to the law school at the university of michigan, filed an injunction against the university in 2007. Follow the money ebook global constitutionalism seminar.
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. As to public education, data for the years 20002001 show that 71. Also, the program adequately ensures that all factors. Moreover, because universities, and in particular, law schools, represent the training ground for a large number of the nations leaders, sweatt v. Admission criteria based on race must be narrowly tailored to achieve a compelling interest. Bollinger presented the question, in the words of associate justice sandra day o. 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.
The court is expected to issue a ruling in the highstakes case that restricts racial preferences more sharply than its 2003 rulings in grutter v. This was the first social science study exploring whether. Bollinger,3 that is, its acceptance of the argument that institutions may consciously. Mar 20, 2017 following is the case brief for grutter v. Jurisprudence, in essays in honor of justice ruth bader ginsburg feb. Justia us law us case law us supreme court volume 539 grutter v. I a the law school ranks among the nations top law schools. Bollinger syllabus military leaders assert that a highly qualified, racially diverse officer corps is essential to national security. When the law school denied admission to petitioner grutter, a white. Court of appeals for the sixth circuit heard this case the same day as grutter v. Pdf the future of affirmative action after grutter v.
Bollinger, the supreme court affirmed the value of diversity as a. White papers, opinion files and related administrative records documenting cases heard during whites tenure on the u. Kemp, the supreme court rendered statistical evidence of racial disparities doctrinally irrelevant to a criminal defendants equal protection claim. Barbara grutter, petitioner,andjennifer gratz and patrick hamacher, petitioners, v. However, analysis of the impact of the clinton administrations policy change leads to the conclusion that constitutional flexibility to establish racial. What can a fifty yearold hypothetical about human cannibalism concocted by the late lon fuller teach us about the supreme courts recent foray into the affirmative action debate in twentyfirst century america. The university of michigan law school defendant receives more th. 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. 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. Connor of whether the use of race as a factor in student admissions by the university of michigan law school.
Supreme court rules 54 in favor of the university of michigans law school use of race. Grutter claimed that the law schools use of affirmative action in its admissions policy violated her equal. On certiorari in the case at hand, the supreme court reversed in part and remanded. Bollinger, a case of the supreme court of the united states regarding the affirmative action admissions policy of the university of michigan law school in 2003. Bollinger supreme court decision which upheld the university of michigans law school affirmative action policy.
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. Grutter, a white michigan resident, then sued the law school. Includes bibliographical references pages 173178 and index upholding legalized segregation. Bollinger, a similar case, and upheld the universitys admission policies in that case. Justice ruth bader ginsburg s legitimization of the role of comparative and international law in u. Facts of the case in 1997, barbara grutter, who was a white resident in michigan, applied to be admitted into the university of michigan law school. Pronouncing dictionary of the supreme court of the united states. Bollinger through the lens of the case of the speluncean explorers. Bollinger case file in its original wording from the library of congress, complete with its stipulated facts, opinion of the c. Diversity is a compelling interest that can justify the narrowly tailored use of race when public universities select applicants for admission. Pdf on nov 1, 2003, neal devins and others published explaining grutter v. Bollinger, upholding the principle of affirmative action in university admis.
Bollinger surname bollinger bands, a technical analysis tool invented by john bollinger in the 1980s. Bollinger was a landmark case of the supreme court of the united states concerning affirmative action in student admissions. Home collections pronouncing dictionary of scotus grutter v. Bollinger racism, at its modernday worst grutter v. It receives more than 3,500 applications each year for a class of. Export a ris file for endnote, procite, reference manager, zotero, mendeley export a text file for bibtex. 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.
Supreme court of the united states attorney general of. The latest versions of adobe reader do not support viewing pdf files within. Caron, paul l gely, rafael university of minnesota law school, 2004 view download file. This article scrutinizes the inconsistencies in the 2003 grutter v. 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. Article information, pdf download for the supreme court rulings in grutter v.
That interest was not focused on race alone but encompassed all factors that may contribute to. Contributing to the growing legal literature on social movements and constitutional culture, this article uses the widespread public mobilization that occurred around grutter v. Pics, grutter, and elite public secondary education. 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. Bollinger, challenged the affirmative action admissions practices of the university of michigans law school and undergraduate programs, respectively. Indeed, what can a tax law professor and a labor law professor add to the cacophony of voices of leading constitutional law scholars on the courts most important pronouncement on race. 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. Race may be considered in an individual assessment, but not as a sole or contributing factor for admission.
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