Gratz v. Bollinger:  The Precedents

Here are a list of precedents for the case.
 
Univ. of California Regents v. Bakke (1978): On one point the Court ruled 5-4 that state universities may not set aside a fixed quota of seats in each class for minority members, denying white applicants the opportunity to compete for those places. On a second point the Court ruled 5-4 that admissions officers do not violate the equal protection guarantee when they consider race as one of many factors that determine which applicant is accepted and which rejected.

Civil Rights Act of 1964: Title VI of the Act (Sect.601) states that, "No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance."

Grutter v. Bollinger (2003): The Court ruled that the law school admissions policy has an interest in educational benefits that result from having a racially and ethnically diverse student body and that its program is narrowly tailored to serve that interest.

Adarand Constructors, Inc. v. Pena (1995): All racial classifications reviewable under the Equal Protection Clause must be strictly scrutinized. Any person of whatever race has the right to demand that any governmental actor subject to the Constitution justify any racial classification subjecting that person to unequal treatment under the strictest of judicial scrutiny.

Johnson v. Transportation Agency, Santa Clara County (1987): The Court upheld a program in which gender was but one of numerous factors taken into account in arriving at a decision because no persons are automatcially excluded from consideration: all are able to have their qualifications weighed against those of other applicants.

United States v. Jefferson County Bd. of Ed. (1966): A Federal Court of Apeals stated that the Constitution is color conscious to prevent discrimination being perpetuated and to undo the effects of past discriminations.


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