Argument #1
The affirmative action policy practiced by the University of Michigan is justified on two grounds. First, it is meant as a remedial action to right past wrongs. And Second, there is a compelling interest to promote campus diversity. Admitting a diverse student body is a constitutionally permissible goal for an institution of higher education. Race still matters in American life. Greater racial diversity will benefit society as a whole. Race-conscious admissions policies that consider race as one factor among many in the admissions process do not compromise quality.

Argument #2
The Fourteenth Amendment and the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, or national origin by recipients of federal financial assistance. Jennifer Gratz had a high GPA and standardized test scores. All under-represented minority applicants who had similar scores were admitted. Awarding a race-based bonus is just another way to have a quota for admitting minority candidates rather than whites students who have identical or better academic records.