Gratz v. Bollinger Precedents:
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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.
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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."
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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.
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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.
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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 automatically
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 Appeals stated that the Constitution is color conscious to prevent
discrimination being perpetuated and to undo the effects of past
discriminations.