Bollinger syllabus criminate on the basis of race, and an order requiring the lsa to offer hamacher admission as a transfer student. Get the knowledge you need in order to pass your classes and more. In 2003, the supreme court considered whether universities can use a specific form of affirmative action in undergraduate admissions. The decision of this court got initiated by chief justice rehnquist. Jun 21, 2016 download this paper open pdf in browser add paper to my library. Bollinger 2003 suggest that it may now be constitutionally feasible to strengthen affirmative action in federal hrm.
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. Pdf a critical analysis of the university of georgias. 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. Click download or read online button to get constitutional law for dummies book now. On june 23, 2003, the supreme court of the united states, in a five to four decision, substantially altered the nature of state imposed affirmative action permi. Bollingerdissenting opinion ruth bader ginsburg if honesty is the best policy, surely michigans accurately described, fully disclosed college affirmative action program is preferable to achieving similar numbers through winks, nods, and disguises. Bollinger, challenged the universitys undergraduate affirmativeaction policy.
The university of michigan developed an admission scale for applicants that provided a maximum of 150 points, with 100 points being all thats needed for. Bollinger, challenged the affirmative action admissions practices of the university of michigans undergraduate and law school programs, respectively. Bollinger decisions, pair of cases addressing the issue of affirmative action in which the u. The university of michigan law school denied acceptance to. Argued april 1, 2003decided june 23, 2003 petitioners gratz and hamacher, both of whom are michigan residents and caucasian, applied for. Jennifer gratz was denied admission to the university of michigans undergraduate program in 1995, while in 1997 barbara grutter was denied admission to the universitys law school. In a 54 decision announced on june 23, 2003, the supreme court upheld the affirmative action policy. Bollinger a 63 majority of the supreme court struck down as unconstitutional michigans pointsbased undergraduate admissions policy, under which minority ethnic groups were given an automatic 20point bonus, with 100 points needed for admission. Grutter, a white michigan resident, then sued the law school. On certiorari in the case at hand, the supreme court reversed in part and remanded. World heritage encyclopedia, the aggregation of the largest online encyclopedias available, and the.
Petitioners gratz and hamacher, both of whom are michigan residents. Argued april 1, 2003decided june 23, 2003 grutter v. Download november 27, 2006 argument calendar pdf download january 8, 2007 argument calendar pdf click here for 2005 docket many documents listed on this page are pdf files that may be viewed using adobereader. Article information, pdf download for the supreme court rulings in grutter v. Bollinger decisions are likely to have on preferential admissions policies in public higher education. Bollinger ebscohost page 1 of 34 back 46 pages will be printed record 1 title gratz et al v bollinger et al certiorari to the united states. Bollinger is a united states supreme court case regarding the university of michigan law schools affirmative action admissions policy. 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.
In both grutter and gratz, the university of michigan and many. University of texas at austin, the supreme court vacated and remanded an appeals court decision that had rejected a challenge to an affirmative action program modeled on the one approved in gratz, finding that the lower. Bollinger was a united states supreme court case regarding the university of michigan undergraduate affirmative action admissions policy. Pdf the future of affirmative action after grutter v. Syllabus guidelines for those seeking admission to the lsa. The district court decided also to consider petitioners request for injunctive and declaratory relief during the liability phase of the proceedings. Bollinger 2003 took place at the university of michigan and to analyze the cases to. Cohen of philadelphia, said that sandra day oconnors majority decision in grutter v. This case regards the university of michigans policy of undergraduate affirmative action. Jennifer gratz and patrick hamacher applied for admission to the university of michigans college of. Bollinger 2003, the supreme court ruled that the use of affirmative action in school admission is constitutional if it treats race as one factor among many, its purpose is. Bollinger, challenged the law schools affirmativeaction policy the universitys undergraduate admissions office employed a selection index. Come browse our large digital warehouse of free sample essays.
Posted on november 6, 2012 constitutional law tags. Certiorari before judgment to the united states court of appeals for the sixth circuit no. Two highprofile cases send mixed messages about the future of affirmative action. While interlocutory appeals were pending in the sixth circuit, that court issued an opinion in grutter v. In 2003, the supreme court, in a 63 decision declared that. A link to your casebriefs lsat prep course workbook will begin to download upon confirmation of your. In 2003, the supreme court decided a pair of affirmativeaction cases from the university of michigan. Article pdf available in university of pennsylvania law. Grutter and gratz, and that many of us repeated in amicus briefs in fisher,23 is the warning that our nation can only hide from race at its own peril, and that getting it right in the arena of educational access and success is vital. Citations are generated automatically from bibliographic data as a convenience, and may not be complete or accurate. Bollinger,7 involving challenges to raceconscious admission practices at the university of michigans law school and undergraduate college. Duderstadt, and the board of regents of the university of michigan. Constitutional law for dummies download ebook pdf, epub.
Bollinger case concludes university of michigan news. Argued april 1, 2003decided june 23, 2003 petitioners gratz and hamacher, both of whom are michigan residents and caucasian, applied for admission to the university of michigans. The purpose of this study was to conduct an examination of the effects of the gratz v. Case background and primary source documents concerning the supreme court case of gratz v. Bollinger these two cases further illustrate the complexity of the issue. Bollinger is a united supreme court case that occurred in the year 2003. After being denied entry into the university of michigans undergraduate college of literature, science, and the arts, gratz and hamacher, two caucasians, filed suit against one of the universitys advisors in federal district court. The district court originally denied this request, see id. However, analysis of the impact of the clinton administrations policy change leads to the conclusion that constitutional flexibility to establish racial. Argument transcripts chief justices yearend reports on inyo county v. During the liability phase, the court would determine whether defendants use of race as a factor in admissions decisions violates the equal protection clause of the fourteenth amendment to the constitution. Bollinger was a case brought to the supreme court over the use of affirmative action in the college admissions process. Bollinger decisions regarding affirmative action policies at highly selective public institutions of higher education.
To the surprise of many, the supreme court reaffirmed the basic holding of bakke, that. Bollinger grutter pdf v certiorari to the united states court of appeals for the sixth circuit. In a 63 decision announced on june 23, 2003, chief justice rehnquist, writing for the court, ruled the universitys point systems predetermined point allocations that awarded 20 points towards admission to. Bollinger was a ringing affirmation of the goal of an inclusive society. Texas, which struck down the use of racial preferences in all states in the fifth circuit, the sixth circuit court of appeals upheld the use of the racial preferences program at the university of michigan. Several years after cirs historic victory in the fifth circuit, hopwood v. Petitioners are jennifer gratz and patrick hamacher. This court granted certiorari in both cases, even though the sixth circuit had not yet rendered judgment in this one. The university of michigan law school denied barbara grutters application to the school. This site is like a library, use search box in the widget to get ebook that you want. Bollinger supreme court decision which upheld the university of. Opinion of the court body diversity complied with this courts most recent ruling on the use of race in university admissions. Grutter claimed that the law schools use of affirmative action in its admissions policy violated her equal protection rights under the fourteenth. Bollinger, 539 us 244 supreme court 2003 ninth circuit.
This article scrutinizes the inconsistencies in the 2003 grutter v. Race may be considered in an individual assessment, but not as a sole or contributing factor for admission. In october 1997, gratz and hamacher filed a lawsuit in the united states district court for the eastern district of michigan against the university of michigan, the lsa,2 james duderstadt, and lee bollinger. Paiuteshoshone indians of bishop community of bishop colony grutter v. Bollinger,4 by a somewhat larger margin of six to three, the court acknowledged that the grutter principle controlled. Dealing with the principle of equal protection and affirmative action, this lesson asks students to evaluate the courts reasoning in upholding grutter while striking down gratz. Supreme courts historic 2003 decisions upholding diversity as a compelling interest, but requiring changes in the mechanics o. Supreme court ruled on june 23, 2003, that the undergraduate admissions policy of the university of michigan violated the equal protection clause of the fourteenth amendment to the u.
Admission criteria based on race must be narrowly tailored to achieve a compelling interest. Bakke, supreme court, race, civil rights, higher education, racial minorities, discrimination, racial preferences, diversity justification, equal protection. 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, 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 raceconscious admissions policies applied by the university of michigan and the lawsuits that sought to eradicate those policies were the topics of discussion in a symposium sponsored by the law alumni association and the black, latino, asian. Argued april 1, 2003decided june 23, 2003 impact in both cases, caucasian students that were well above the qualified standards of the university were denied admission. 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 by celeste mcglasson final decision background the district court held that the admission policies of 19951998 were problematic because they amounted to holding seats for certain minority groups. Pdf on jan 7, 2008, digital archive and others published a critical analysis of the university of georgias response to the united states supreme court decisions in grutter v. Jennifer gratz and patrick hamacher, petitioners, v. In the supreme court of the united states jennifer gratz and patrick hamacher, petitioners, v.