Grutter V. Bollinger - Case

Case

When the Law School denied admission to Barbara Grutter, a female Michigan resident with a 3.8 GPA and 161 LSAT score, she filed this suit, alleging that respondents had discriminated against her on the basis of race in violation of the Fourteenth Amendment, Title VI of the Civil Rights Act of 1964, and 42 U.S.C. § 1981; that she was rejected because the Law School uses race as a "predominant" factor, giving applicants belonging to certain minority groups a significantly greater chance of admission than students with similar credentials from disfavored racial groups; and that respondents had no compelling interest to justify that use of race. Lee Bollinger, the President of the University of Michigan, was the named defendant of this case.

The University argued that there was a compelling state interest to ensure a "critical mass" of students from minority groups, particularly African Americans and Hispanics, is realized within the student body. They argued that this aims to "ensure that these minority students do not feel isolated or like spokespersons for their race; to provide adequate opportunities for the type of interaction upon which the educational benefits of diversity depend; and to challenge all students to think critically and reexamine stereotypes."

• The District Court found the Law School's use of race as an admissions factor unlawful.
• The Sixth Circuit reversed, holding that Justice Powell's opinion in Bakke was binding precedent establishing diversity as a compelling state interest, and that the Law School's use of race was narrowly tailored because race was merely a "potential 'plus' factor" and because the Law School's program was virtually identical to the Harvard admissions program described approvingly by Justice Powell and appended to his Bakke opinion.
• The Supreme Court affirmed the Sixth Circuit's reversal of the District Court decision, thereby upholding the University's admissions policy.