Grutter v. Bollinger Precedents:
-
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."
-
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 automatically
excluded from consideration: all are able to have their qualifications
weighed against those of other applicants.
-
Richmond v. Croson (1989): The Court held that racial balance is not to
be achieved for its own sake.
-
Wygant v. Jackson Board of Ed. (1986): The Court ruled that narrow
tailoring does not require exhaustion of every conceivable race-neutral
alternative or mandate that a university choose between maintaining a
reputation for excellence or fulfilling a commitment to provide educational
opportunities to members of all racial groups.
-
Sweat v. PPainter (1950): The Court recognized that because
universities, particularly law schools, represent the training ground for a
large number of the Nation's leaders, the path to leadership must be visibly
open to talented and qualified individuals of every race and ethnicity.