Grutter v. Bollinger

The Case: United States Supreme Court ruling in favor of the University of Michigan’s affirmative action policy

Date: Decided on June 23, 2003

In Grutter v. Bollinger, the US Supreme Court upheld the University of Michigan’s affirmative action policy, stating that the policy was constitutional because it treated race as only one of many factors that determined whether a student was eligible for acceptance into the university.

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Since its inception, the concept of affirmative action has been controversial. The term refers to a method of policy making in which college admissions or business hiring practices are specifically designed to help increase the number of participating minorities. While affirmative action policies are generally intended to foster cultural diversity, some believe that their implementation results in discrimination against white people.

In 1996, Barbara Grutter, a white woman, applied for admission to law school at the University of Michigan. Upon receiving a rejection notice, Grutter learned that there were minority applicants who had been selected over her even though they had lower admission scores. Grutter subsequently filed a lawsuit against the school. She won her initial case in US District Court in 2001. After that ruling was overturned by an appeals court, the case went to the US Supreme Court in 2003.

Grutter alleged that the school was discriminating against white applicants by placing an unjust emphasis on race in its admissions decisions. In a five-to-four decision, the Supreme Court ruled that the University of Michigan’s admittance policy was constitutional because its process was sufficiently individualized and tailored closely enough to each applicant to be legally satisfactory. The court stated that its opinion was based on the fact that the university’s selection process did not include a quota system and only regarded race as one of many factors involved in determining whether an applicant is adequately qualified for admittance.

Impact

In Grutter v. Bollinger, the Supreme Court not only reaffirmed its landmark decision in Regents of the University of California v. Bakke (1978), the first major case regarding collegiate admissions and affirmative action, but also further refined that decision. Through its ruling, the court clearly established that an affirmative action program is constitutional only if the program is sufficiently individualized, if it considers race only as one of many factors, and if it is specifically designed to maintain an adequate level of diversity within an institution. Most importantly, the ruling meant that the court’s decision in Grutter v. Bollinger upheld and supported the concept of affirmative action itself. In 2013 the Supreme Court's ruling on Fisher v. University of Texas at Austin further defined when and how universities may legally use an applicant's race or ethnicity in admission decisions.

Bibliography

Garces, Liliana M. "Social Science Research and the Courts: Informing Post–Grutter v. Bollinger Developments in Higher Education Cases." Educational Policy 27.4 (2013): 591–614. Education Research Complete. Web. 6 Feb. 2015.

Grutter v. Bollinger. 539 U.S. 306. Supreme Court of the United States. 2003. Supreme Court Collection. Legal Information Inst., Cornell University Law School, n.d. Web. 11 Oct. 2012.

“Grutter v. Bollinger and Gratz v. Bollinger (2003).” PBS. Educational Broadcasting Corporation, 2007. Web. 11 Oct. 2012.

Long, Mark C. "Is There a 'Workable' Race-Neutral Alternative to Affirmative Action in College Admissions?" Jour. of Policy Analysis & Management 34.1 (2015): 162–183. Education Research Complete. Web. 6 Feb. 2015.

Smolla, Rodney A. The Constitution Goes to College: Five Constitutional Ideas That Have Shaped the American University. New York: NYU P, 2011. Print.