gratz v bollinger case brief

Hide N Seek : Mini Game, The certified class consisted of "those individuals who applied for and were not granted admission to the College of Literature, Science and the Arts of the University of Michigan for all academic years from 1995 forward and who are members of those racial or ethnic groups, including Caucasian, that defendants treated less favorably on the basis of race in considering their application for admission." United States v. Jefferson County Bd. A. Croson Co., 488 U. S. 469, 494 (1989) (plurality opinion)). 108a-117a. The LSA's policy automatically distributes 20 points to every single applicant from an "underrepresented minority" group, as defined by the University. See ibid. Id., at 324. Norwalk Core v. Norwalk Redevelopment Agency, 395 F. 2d 920, 931-932 (CA2 1968) (footnote omitted). The only consideration that accompanies this distribution of points is a factual review of an application to determine whether an individual is a member of one of these minority groups. See ibid. Clearly, the LSA's system does not offer applicants the individualized selection process described in Harvard's example. At the class certification stage, petitioners sought to have Hamacher represent a class pursuant to Federal Rule Civil Procedure 23(b)(2).2 See App. But whether Hamacher "actually applied" for admission as a transfer student is not determinative of his ability to seek injunctive relief in this case. Tosca Story, Both Hamacher and Gratz, of course, have standing to seek damages as compensation for the alleged wrongful denial of their respective applications under Michigan's old freshman admissions system. for Cert. Without recourse to such plans, institutions of higher education may resort to camouflage. 1. See id., at 832. 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.3 Petitioners' complaint was a class-action suit alleging "violations and threatened violations of the rights of the plaintiffs and the class they represent to equal protection of the laws under the Fourteenth Amendment ... , and for racial discrimination in violation of 42 U. S. C. §§1981, 1983, and 2000d et seq." 69. It should be readily apparent that the availability of this review, which comes after the automatic distribution of points, is far more limited than the individualized review given to the "large middle group of applicants" discussed by Justice Powell and described by the Harvard plan in Bakke. The transfer applicant guidelines specifically cross-reference factors and qualifications considered in assessing freshman applicants. . In response, Michigan contended that "Hamacher lacks standing to represent a class seeking declaratory and injunctive relief." Npr Weekend Edition Sunday, (emphasis added). 2001) ("[I]n studies that have sent matched pairs of minority and white applicants with apparently equal credentials to apply for jobs, whites routinely get more interviews and job offers than either black or Hispanic applicants. 137.519 180.961 336.96 -0.96 re 24 0 obj The current program employs a selection index on which an applicant can score a maximum of 150 points. The record does not describe a system with a quota like the one struck down in Bakke, which "insulate[d]" all nonminority candidates from competition from certain seats. See ante, at 6, and n. 6 (dissenting opinion).1, But even on the Court's indulgent standing theory, the decision should not go beyond a recognition that diversity can serve as a compelling state interest justifying race-conscious decisions in education. Petitioners Gratz and Hamacher, both of whom are Michigan residents and Caucasian, applied for admission to the University of Michigan's (University) College of Literature, Science, and the Arts (LSA) in 1995 and 1997, respectively. to Pet for Cert. 109, 109-110 (1995) (study in which 38 testers negotiated the purchase of more than 400 automobiles confirmed earlier finding "that dealers systematically offer lower prices to white males than to other tester types"). See supra, at 4-5. See, e.g., U. S. Dept of Commerce, Bureau of Census, Poverty in the United States: 2000, p. 291 (2001) (Table A) (In 2000, 7.5% of non-Hispanic whites, 22.1% of African-Americans, 10.8% of Asian-Americans, and 21.2% of Hispanics were living in poverty); S. Staveteig & A. Wigton, Racial and Ethnic Disparities: Key Findings from the National Survey of America's Families 1 (Urban Institute Report B-5, 2000) ("Blacks, Hispanics, and Native Americans ... each have poverty rates almost twice as high as Asians and almost three times as high as whites."). This admissions program automatically awarded 20 points out of the 100 necessary for acceptance to members of minority groups. During all periods relevant to this litigation, the University has considered African-Americans, Hispanics, and Native Americans to be "underrepresented minorities," and it is undisputed that the University admits "virtually every qualified ... applicant" from these groups. The record does not reveal precisely how many applications are flagged for this individualized consideration, but it is undisputed that such consideration is the exception and not the rule in the operation of the LSA's admissions program. Even though there is not a scintilla of evidence that the freshman admissions program now being administered by respondents will ever have any impact on either Hamacher or Gratz, petitioners nonetheless argue that Hamacher has a personal stake in this suit because at the time the complaint was filed, Hamacher intended to apply to transfer to Michigan once certain admission policy changes occurred.5 See App. 2020 Grants For Nonprofits, After being denied admission, Hamacher demonstrated that he was "able and ready" to apply as a transfer student should the University cease to use race in undergraduate admissions. Deulofeu Transfer, The legal reasoning for affirmative action in the two Michigan cases was partially different from the reasoning in Bakke. Because we find that the manner in which the University considers the race of applicants in its undergraduate admissions guidelines violates these constitutional and statutory provisions, we reverse that portion of the District Court's decision upholding the guidelines. Petitioners' attempt to base Hamacher's standing in this suit on a hypothetical transfer application fails for several reasons. To avoid conflict with the equal protection clause, a classification that denies a benefit, causes harm, or imposes a burden must not be based on race. Justice Powell's plus factors necessarily are assigned some values. 117a). The District Court originally denied this request, see id., at 14-15, but the Sixth Circuit reversed that decision. 27-28. 0 Tw, The essence of Powell's approach was that race could be deemed a, -0.0067 Tc 2.697 0 TD -0.0053 Tc [(S)7.8(t)2.4(et)26.2(so)31.3(n L)7.8(a)33.9(w R)34.2(e)-0.9(vi)31(e)22.9(w)]TJ -0.0105 Tc [( 41)]TJ. For similar reasons to those given in my separate opinion in that case, see post, p. ___ (opinion concurring in part and dissenting in part), however, I would hold that a State's use of racial discrimination in higher education admissions is categorically prohibited by the Equal Protection Clause. Specifically, they contend that this Court has only sanctioned the use of racial classifications to remedy identified discrimination, a justification on which respondents have never relied. Adarand, 515 U. S., at 224. for Cert. Posted on November 6, 2012 | Constitutional Law | Tags: Constitutional Law Case Brief. Nonminority students may receive 20 points for athletic ability, socioeconomic disadvantage, attendance at a socioeconomically disadvantaged or predominantly minority high school, or at the Provost's discretion; they may also receive 10 points for being residents of Michigan, 6 for residence in an underrepresented Michigan county, 5 for leadership and service, and so on. 7-8. to Pet. for Cert. Admissions counselors make admissions decisions in accordance with these guidelines. We did so. Petitioners have standing to seek declaratory and injunctive relief. In addition, when asked whether petitioners took the position that the only permissible use of race is as a remedy for past discrimination, petitioners' lawyer stated: "I would not go that far. Internet Explorer 11 is no longer supported. Because "[r]acial classifications are simply too pernicious to permit any but the most exact connection between justification and classification," Fullilove v. Klutznick, 448 U. S. 448, 537 (1980) (Stevens, J., dissenting), our review of whether such requirements have been met must entail " 'a most searching examination.' This example further demonstrates the problematic nature of the LSA's admissions system. Ante, at 23. In 1997, the University modified its admissions procedure. On cross-motions for summary judgment, the District Court held that the admissions policy the University instituted in 1999 and continues to use today passed constitutional muster. See App. See ante, at 24 (opinion of the Court); ante, at 1-2 (O'Connor, J., concurring). But the fact that the "review committee can look at the applications individually and ignore the points," once an application is flagged, Tr. In Bakke, Justice Powell reiterated that "[p]referring members of any one group for no reason other than race or ethnic origin is discrimination for its own sake." See id., at 831. Pp. 1251, 1276-1291 (1998). The District Court rejected Michigan's contention, concluding that Hamacher had standing to seek injunctive relief because the complaint alleged that he intended to apply to Michigan as a transfer student. He therefore has standing to seek prospective relief with respect to the University's continued use of race in undergraduate admissions. ." . " Ante, at 26 (quoting App. Hamacher clearly can no longer claim an intent to transfer into Michigan's undergraduate program given that he graduated from college in 2001. To determine whether a transfer applicant was capable of "contribut[ing] to a diverse student body," admissions counselors were instructed to determine whether that transfer applicant met the "criteria as defined in Section IV of the 'U' category of [the] SCUGA" factors used to assess freshman applicants. Respondents contended that the LSA has just such an interest in the educational benefits that result from having a racially and ethnically diverse student body and that its program is narrowly tailored to serve that interest.