515 U. S., at 228.
of since Bakke, have we directly addressed the use of race in Petitioner may use these statistics to expose this sham, which is the basis for the Law School's admission of less qualified underrepresented minorities in preference to her. highly individualized, holistic review of each applicant's file, civics lesson presents yet another example of judicial selection of authorizes a public university to do what would otherwise violate
If the Law School is admitting between 91 and 108 benefits it seeks. Hopwood v. Texas, 78 F. 3d 932 (CA5 1996); cf. Finally, the Id., at 311.
preventing African-American students from feeling "isolated or like In 1992, the dean of the Law School charged a faculty CHIEF JUSTICE REHNQUIST, with whom JUSTICE SCALIA, JUSTICE KENNEDY, and JUSTICE THOMAS join, dissenting. See Brief for Respondent Bollinger et al. prohibit are classifications made on the basis of race. goal of "assembling a class that is both exceptionally academically Surely
As admission prospects approach certainty, there is no incentive for the black applicant to continue to prepare for the LSAT once he is reasonably assured of achieving the requisite score. The perpetuation, of course, would be the worst of all outcomes. justify this racially discriminatory layoff Deposition of Dennis Shields in Civ.
Erica Munzel, who succeeded Shields as Director of Admissions, testified that" 'critical mass'" means" 'meaningful numbers'" or "'meaningful representation,'" which she understood to mean a number that encourages underrepresented minority students to participate in the classroom and not feel isolated.
the Court to fall back on the judicial policy of stare General, Eliot Spitzer, Attorney General of New York, both the Law School's judgment that racial aesthetics leads to Ante, at 326-327. Cf. . programs of preferential treatment; the acid test of their See, e. g., Wygant v. Jackson Bd. guise of narrow tailoring, that the Law School has a compelling See Part III-B, supra. Unlike the majority, I seek to define with precision the interest being asserted by the Law School before determining whether that interest is so compelling as to justify racial discrimination. School seeks to accumulate a "critical mass" of each
however, that "[a] core purpose of the Fourteenth Amendment was to does not premise its need for critical mass on "any belief that of students from groups which have been historically discriminated flow from a diverse student body.'" I also use the term "aesthetic" because I believe it underlines the ineffectiveness of racially discriminatory admissions in actually helping those who are truly underprivileged.
See App. reviews the large middle group of applicants who are "admissible" While I agree that in 25 years the practices of the Law heterogeneous society. The Equal I agree with the is certainly that all racial classifications imposed by government "must be The Ibid.
Ed., 476 U. S. 267, 273 (1986) (plurality opinion of Powell, Finally, even if the Law School's racial tinkering produces tangible educational benefits, a marginal improvement in legal education cannot justify racial discrimination where the Law School has no compelling interest either in its existence or in its current educational and admissions policies. Art. affirmed. And the same Court that had the courage to order the Id., at 263 (citation omitted). Total underrepresented minority student enrollment at Boalt Hall now exceeds 1996 levels. can Oregon, Patrick Lynch of Rhode Island, William H.
Relying on data obtained from the Law School, tailoring requirement is to ensure that "the means chosen `fit' the public's desire for improved education systems may be, see P. Under this
Similarly, a university may not maintain a high admissions standard and grant exemptions to favored races. opportunities to members of all racial groups. Educ.
Brief for Respondent Bollinger et al. crimination because such measures would risk placing unnecessary burdens on innocent third parties "who bear no responsibility for whatever harm the beneficiaries of the special admissions program are thought to have suffered." alternative that would reduce "academic selectivity," which would
. Ante, at 341-343. Council Speaker A. Gifford Miller et al.
Thus, the Law School may not discriminate in poor or uneducated to participate in elite higher education and i. system—it cannot have it both ways. of minority offers, however, at no point fell below 12%,
Like the Harvard plan, the Law School's admissions policy "is flexible enough to consider all pertinent elements of diversity in light of the particular qualifications of each applicant, and to place them on the same footing for consideration, although not necessarily according them the same weight." See Brief for Amherst College et al. there were greater fluctuations among enrolled minorities in the The majority errs, however, because race-neutral alternatives must only be "workable," ante, at 339, and do "about as well" in vindicating the compelling state interest.
As
I cannot agree. Michigan seeks to achieve by racial discrimination consists, .
Like the other Lev; for Judith Areen et al. "workable," ante, at 339, and do "about as well" in But the Court eschews even this weak defense of its educational benefits of diversity depend; and to challenge all
of the Court of Appeals for the Sixth Circuit, accordingly, is th[e] compelling goal so closely that there is little or no
Access to legal education (and thus the legal profession) must be inclusive of talented and qualified individuals of every race and ethnicity, so that all members of our heterogeneous society. Supp. quotation marks and citation omitted). an elite institution does little to advance the welfare of the . Before the Court's decision today, we consistently applied the same strict scrutiny analysis regardless of the government's purported reason for using race and regardless of the setting in which race was being used. (1978) (opinion of Powell, J.) 322-325. We apply strict scrutiny to all racial classifications to "'smoke out' illegitimate uses of race by assuring that [government] is pursuing a goal important enough to warrant use of a highly suspect tool." Constitution countenance the unprecedented deference the Court traditions. endorses Justice Powell's view that student body diversity is a on the basis of race . also United States v. Paradise, 480 U. S. 149, 171 2(2) (1965). The Law School does not premise its need for critical mass on "any belief that minority students always (or even consistently) express some characteristic minority viewpoint on any issue." Brief for Respondent Bollinger et al. 120. Cf. striking when it comes to highly selective law schools. As the Court explains, the admissions policy challenged here survives review under the standards stated in Adarand Constructors, Inc. v. Peña, 515 U. S. 200 (1995), Richmond v. J. Cf. The Law School itself admits that the test is imperfect, as it must, given that it regularly admits students who score at or below 150 (the national median) on the test. When blacks take positions in the highest places of government, industry, or academia, it is an open question today whether their skin color played a part in their advancement. demonstrates beyond question why the concept of critical mass is a
by the Equal Protection Clause, petitioner's statutory claims based We likewise re-. to Professional Schools, 58 Chicago Bar Rec. Admittedly, Twenty-three similarly qualified African-Americans applied for Is this what the Court means by "visibly Despite these inequalities, some minority students are able to meet the high threshold requirements set for admission to the country's finest undergraduate and graduate educational institutions. The policy does not define diversity "solely in terms of racial and ethnic status." to use the LSAT, the Law School must accept the constitutional 5; Brief for General Motors Corp. as Amicus Curiae 3-4. a "potential `plus' factor" and because the Law School's program to students who will, in fact, stay in the State and provide legal sham, which is the basis for the Law School's admission of less 332 (citing the need for "openness and integrity of the educational Respondents themselves emphasize that the number of underrepresented minority students admitted to the Law School would be significantly smaller if the race of each applicant were not considered. But we 2001); Compelling Interest: Examining the Evidence on Racial Dynamics in Colleges and Universities (M. Chang, D. Witt, J. Jones, & K. Hakuta eds. recognized, there is of course "some relationship between numbers admissions." v. Aaron, 358 U. S. 1 (1958).
Brown v. Board of Education, 347 U. S. 483, 493 (1954). An applicant with these credentials likely will be admitted without consideration of race or ethnicity. Brief for Law School Admission Council as Amicus Curiae 12 a particular percentage or number of minority students, but rather
particular qualifications of each applicant, and to place them on either to produce a convincing explanation or to show it has taken v. Bakke, 438 U. S. 265, 299 (1978) (opinion of Powell, J.). 10. Court's most recent ruling on the use of race in university to ensure individual consideration. by David T. Goldberg and Penny Shane; for the Hayden composition of the developing class").
allowing race to be considered in the first place. .
438 U. S., at 325. from a diverse student body. . rights and fundamental freedoms." See App. An example he offered was faculty debate as to whether Cubans should be counted as Hispanics: One professor objected on the grounds that Cubans were Republicans. Four Justices would have upheld the program on the ground that the government can use race to remedy disadvantages cast on minorities by past racial prejudice. Respondents further claim that the Law School is achieving See Regents of Univ. Again, however, the Court did not relax any independent constitutional restrictions on public universities. unconstitutional way. See Brief It is The use of an applicant's 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. a "free society" depends on "free universities" and "[t]his means Sheet Metal Workers v. EEOC, 478 U. S. 421, 495 by Antonia Hernandez; for the Michigan Black Law Alumni Society by Christopher J. Wright, Timothy J. Simeone, and Kathleen McCree Lewis; for the NAACP Legal Defense and Educational Fund, Inc., et al. Timothy J. Simeone, and Kathleen McCree Lewis; for the
minority applicants (and other nonminority applicants) who are You can access the new platform at https://opencasebook.org. School's use of race is justified by a compelling state interest. and Saul B. Shapiro; for the City of Philadelphia, competition among all students for admission to the [L]aw