Preview

Gratz V. Bollinger

Good Essays
Open Document
Open Document
1110 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Gratz V. Bollinger
Gratz v. Bollinger
539 U.S. 244 (2003)

Facts of the Case
Jennifer Gratz, a student with a 3.8 GPA and ACT score of 25, applied to the University of Michigan’s College of Literature, Science and Arts (LSA) in 1995. Patrick Hamacher, a student with an adjusted GPA of 3.0 and an ACT score of 28, also applied to the School in 1997. They were both denied admission and had to study elsewhere (Oyez, 2003).
The University of Michigan’s the LSA used a 150-point scale to rank applicants, with 100 points needed to guarantee admission. The University gave underrepresented ethnic groups, including African- Americans, Hispanics and Native Americans, an automatic 20-point bonus on this scale, while a perfect SAT score was worth only 12 points.
Gratz and Hamacher were contacted by the Center for Individual Rights, and filed lawsuit on their behalf in 1997 (Perry 2007).
The case was filed against University of Michigan, The LSA, James Dunderstadt and Lee Bollinger. Dunderstadt was the University’s President when Gratz was denied admission and Bollinger when Hamacher was denied admissions.
The class-action lawsuit alleged, “ 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’ (Perry, 2007).

Court Decision
In a 6-3 opinion delivered by Chief Justice William H. Rehnquist, the court held that the University of Michigan’s use of racial preferences in undergraduate admission violates both the Equal Protection Clause of the Fourteenth Amendment and Title VI of the Civil rights Act of 1964.

Majority Opinion
While rejecting the argument that diversity cannot constitute a compelling state interest, the court reasoned that the automatic distribution of 20 points, or one-fifth of the points needed to secure admission, to every single ‘underrepresented minority’ applicant solely because of race was not narrowly tailored and did not



References: Bankston, C (2006) “Grutter v. Bollinger: Weak Foundations?” Ohio State Law Journal 67 (1): 1-13 Retrieved at http://tulane.edu/liberal-arts/sociology/upload/soci_201_bollinger_11-1.pdf Race, Racism and the Law, Grutter v. Bollinger (2008) Retrieved at http://academic.udayton.edu/race/04needs/affirm14.htm The Oyez Project, Grutter v. Bollinger , 539 U.S. 306 (2003) Retrieved at http://oyez.org/cases/2000-2009/2002/2002_02_241

You May Also Find These Documents Helpful

  • Good Essays

    Adarand V

    • 701 Words
    • 2 Pages

    The Supreme Court held that the plan was a race classification and presumed to be unconstitutional unless it was "narrowly tailored" to meet a "compelling government interest."…

    • 701 Words
    • 2 Pages
    Good Essays
  • Good Essays

    a. The Supreme Court has argued that school plans to take race into account in an effort to desegregate violate the 14th amendment.…

    • 3931 Words
    • 14 Pages
    Good Essays
  • Good Essays

    In Baston v. Kentucky (1986), the Supreme Court held that a prosecutor’s use of peremptory challenges to exclude African-Americans from a jury trying an African-American defendants was ground for the defendant to claim discrimination under the Equal Protection Clause of the Fourteenth Amendment.…

    • 6041 Words
    • 25 Pages
    Good Essays
  • Powerful Essays

    “To separate them from others of similar age and qualifications solely because of their race generates a feeling of inferiority as to their status in the community that may affect their hearts and minds in a way unlikely ever to be undone” by Chief Justice Earl Warren, Majority Opinion.…

    • 2158 Words
    • 9 Pages
    Powerful Essays
  • Powerful Essays

    Lesley Oelsner, "Court to Weigh College Admission That Gives Minorities Preference," New York Times, 23 Feb 1977, pg…

    • 4130 Words
    • 17 Pages
    Powerful Essays
  • Good Essays

    Affirmative Action has occurred in several cases throughout the Americans history and the case that I will be referring to is Regents of the University of California v. Bakke. This case presents a challenge to the special admissions program of the Medical School of the University of California at Davis, which is designed to assure the admission of a specified number of students from certain minority groups (253). In 1973 and 1974, Allan Bakke, a white male, who applied twice to the Medical School of the University of California at Davis, was rejected even though his grade point average and MCAT scores were higher than most of the applicants. With the fact that applicants that were admitted with the special admissions program had lower scores, Bakke alleged that the Medical School's special admissions program operated to exclude him from the school on the basis of his race (258). This, he stated, violates his rights under the Equal Protection Clause of the Fourteenth Amendment. The Equal Protection Clause states that "No State shall…deny to any person within its jurisdiction the equal protection of the laws." The guarantee of equal protection cannot mean one thing when…

    • 1025 Words
    • 5 Pages
    Good Essays
  • Good Essays

    Abigail Fisher filed law suit against the University of Texas in 2008 after the school denied her admission because of the color of her skin. Fisher filed suit against the university and other related defendant claiming that the University of Texas use of race as a consideration in admission decision was in violated of the Equal Protection Clause of the Fourteenth Amendment and Title VI. The courts decide in favor of the University of Texas and the United State court of appeal for the fifth circuit affirmed the district court decision. Fisher appeals the appellate court decision. In these cases, affirmative action will argue that such program are based on reverse-racism. In American society, racism is still a potent force. It made not be violent like it was 50 year ago, but it stills an issue today. In the case of Fisher versus the University of Texas on the ground that their affirmative action based admissions process is unconstitutional. The current admission policy automatically admits the top ten percent from each Texas High School. Base on affirmative action, they operate on the basis of race it has to make this assumption. To compare Abigail case to other case that are similar to her is that Bakke, Grutter, and Gratz all had the same situation of applying for a school. All of them was denied admission because the use of race as a factor in making admission decision. These cases were affected by the Equal Protection Clause of Title VI. Some of these cases were…

    • 469 Words
    • 2 Pages
    Good Essays
  • Good Essays

    The Supreme Court first found in the Reid case that the rule of common law did not apply to the Reid case. This is because the state of Virginia had already passed a statute stating that the evidence would not be competent in criminal cases, only in civil cases. The ruling goes on to state that the law that should be followed in federal criminal cases should follow the statutes and laws already set down by the states in which the trial by jury is taking place.…

    • 636 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Abagail Fisher, a white female, applied for admission into the University of Texas. She was denied entrance because she did not qualify for Texas' Top 10 Percent Plan. This plan guarantees entrance to the top ten percent of every graduating high school class in Texas. Miss Fisher sued the University of Texas because she claimed that the use of race in admissions to the college violated the Equal Protection Clause from the 14th Amendment. The case made it all the way up to the Supreme Court which came to a final verdict. The University of Texas could use race as a plus factor when considering admissions. This use of race as a plus factor promotes diversity and therefore satisfies strict scrutiny.…

    • 418 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Fisher filed suit against the university and other related defendants, stating that the university of Texas’ use of race as a consideration in admission decisions was in violation of the equal protection of the fourteenth amendment.…

    • 92 Words
    • 1 Page
    Good Essays
  • Satisfactory Essays

    In 1978 Supreme Court case, Regents of the University of California v. Bakke, 35 year old while male, Allan Bakke applied to the University of California Davis Medical School and was rejected twice while exceeding academic requirements for admission. The university reserved 16 of 100 spots for minorities in part of their affirmative action program. Bakke sued claiming he was denied admission to the Medical school both times based on race. The California Medical School argued that their admissions process is used to guarantee all individuals an equal opportunity while creating a diverse student body. Baker argued that this admissions process violated the Equal Protection Act and the Civil Rights Act. Did the University of California violate…

    • 219 Words
    • 1 Page
    Satisfactory Essays
  • Better Essays

    On June 23rd 2016, the judges of the supreme court gathered to analyze a challenge about the University of Texas of Austin’s race-conscious admissions program. This case, known as Fisher II v. The University of Texas, was brought about when senior Abigail Fisher applied to the University of Texas and did not get in. She was not accepted in the top ten percent program as well( a program in Texas Law stating that top ten percent students from all schools in Texas get automatic admission into UT Austin), and firmly believed that she had the academic status to get in. She implied that the fact that she was white and had a good financial status reduced her chances of admission into the university and that she was heavily racially discriminated.…

    • 2122 Words
    • 9 Pages
    Better Essays
  • Good Essays

    In every Supreme Court case there is a question, in this particular case the question has to do with segregation. The question is: “Does segregation of children in public schools solely on the basis of race deprive the minority children of the equal protection of the laws guaranteed by the 14th Amendment?” The 14th Amendment basically says that all states will have equal protection to everyone within their jurisdiction. It provides due process under the law and equally provides all constitutional rights to all citizens of this country, regardless of race, sex, religious beliefs and creed. (Kernell,…

    • 784 Words
    • 4 Pages
    Good Essays
  • Better Essays

    Bollinger, and Gratz v. Bollinger, and in both cases, caucasian applicants felt that they had been unfairly denied admission. They believed they were being reversely discriminated against, as they watched applicants from minority groups receive benefits they did not have access to. These benefits helped the minority students get into specific universities, while caucasian applicants were beat out. In these situations, I do not believe obtaining a critical mass of minority students is that important. If the fact that they are a minority has not put them at a financial or educational disadvantage, than there is no reason that only a certain group of people should be given automatic benefits, just for their race.…

    • 1320 Words
    • 6 Pages
    Better Essays
  • Powerful Essays

    Civil Rights

    • 1045 Words
    • 5 Pages

    Within 24 hours after passage, Brenda, a civil rights attorney, brings a cause of action in federal court to have the new regulation ruled unconstitutional. The federal court immediately rules that the state law violates the equal protection clause of the 14th Amendment and issues an injunction against its enforcement.…

    • 1045 Words
    • 5 Pages
    Powerful Essays