conscious and unconscious, reflecting traditional and unexamined habits of thought, keeps up barriers that must come down if equal opportunity and nondiscrimination are ever genuinely to become this country's law and practice."

Although no party has raised the issue, JUSTICE STEVENS argues that petitioners lack Article III standing to seek injunctive relief with respect to the University's use of race in undergraduate admissions. Most importantly, however, the transfer policy does not use a points-based "selection index" to evaluate transfer applicants, but rather considers race as one of many factors in making the general determination whether the applicant would make a "'contribution to a diverse student body.''' The District Court began its analysis by reviewing this Court's decision in Bakke. by Laurence H. Tribe, Jonathan S. Massey, Beverly Ledbetter, Robert B. Donin, and Wendy S. White; for Howard University by Janell M. Byrd; for the Lawyers' Committee for Civil Rights Under Law et al. Petitioners asserted that the LSA's use of race as a factor in admissions violates Title VI of the Civil Rights Act of 1964, 78 Stat. Respondents contended that the LSA has just such an interest in the educational benefits that result from having a racially and ethnically diverse student body and that its program is narrowly tailored to serve that interest. See App. by Kevin Outterson; for the National Education Association et al. 111a. Second, they recommend that these violations should be dealt with, not by requiring the universities to obey the Constitution, but by changing the Constitution so that it conforms to the conduct of the universities. In calculating an applicant's selection index score, counselors assign numerical values to a broad range of academic factors, as well as to other variables the University considers important to assembling a diverse student body, including race.

See ibid. “To the extent that there existed a pool of at least minimally qualified minority applicants to fill the 16 special admissions seats, white applicants could compete only for 84 seats in the entering class, rather than the 100 open to minority applicants.” Regents of Univ. Northeastern Fla. Chapter, Associated Gen.

It is clear that the maintenance of respondent’s action as a class action did not advance ‘the efficiency and economy of litigation which is a principal purpose of the procedure.’ ” Id., at 159 (quoting American Pipe & Constr.

But whether Hamacher “actually applied” for admission as a transfer student is not determinative of his ability to seek injunctive relief in this case.

Brief for Respondents 32. 42, is of little comfort under our strict scrutiny analysis. In this scale, they provided 20 points for racial minorities. Given these circumstances, the addition of the Admissions Review Committee to the admissions process cannot offset the apparent absence of individualized consideration from the Office of Undergraduate Admissions' general practices. . Readers are requested to notify the Reporter of Decisions, Supreme Court of the United States, Washington, D. C. 20543, of any typographical or other formal errors, in order that corrections may be made before the preliminary print goes to press.

of Oral Arg. The current LSA policy does not provide such individualized consideration. The award of 20 points for membership in an underrepresented minority group, in the District Court's view, was not the functional equivalent of a quota because minority candidates were not insulated from review by virtue of those points. For the reasons stated, I would affirm the judgment of the District Court. On cross-motions for summary judgment, the District Court held that the admissions policy the University instituted in 1999 and continues to use today passed constitutional muster. 23(a); App.

Second, as petitioners' counsel conceded at oral argument, the transfer policy is not before this Court and was not addressed by the District Court.

Id., at 1001—1002 (noting, for example, that transfers to lower levels of care implicated beneficiaries’ property interests given the concomitant decrease in Medicaid benefits, while transfers to higher levels of care did not). The OUA considers a number of factors in making admissions decisions, including high school grades, standardized test scores, high school quality, curriculum strength, geography, alumni relationships, leadership, and race. After being denied admission, Hamacher demonstrated that he was “able and ready” to apply as a transfer student should the University cease to use race in undergraduate admissions.

Petitioner Patrick Hamacher applied for admission to LSA as an undergraduate for the 1997-1998 freshman class.

Id., at 67, 70. And this mechanized selection index score, by and large, automatically determines the admissions decision for each applicant. . Ten years later, in Fisher v. University of Texas at Austin, the Supreme Court vacated and remanded an appeals court decision that had rejected a challenge to an affirmative action program modeled on the one approved in Gratz, finding that the lower…. But the fact that "a suit may be a class action . Ante, at 266.

Id., at 35. These factors included the quality of an applicant's high school (S), the strength of an applicant's high school curriculum (C), an applicant's unusual circumstances (U), an applicant's geographical residence (G), and an applicant's alumni relationships (A). The Court concludes that, because Hamacher's argument, if successful, would seal the fate of both policies, his standing to challenge the transfer policy also allows him to attack the freshman admissions policy.

10. . See, e.g., M. Turner et al., Discrimination in Metropolitan Housing Markets: National Results from Phase I HDS 2000, pp. The Bakke plan "focused solely on ethnic diversity" and effectively told nonminority applicants that "[n]o matter how strong their qualifications, quantitative and extracurricular, including their own potential for contribution to educational diversity, they are never afforded the chance to compete with applicants from the preferred groups for the [set-aside] special admissions seats." deemed a 'plus' in a particular applicant's file." v. Bakke, 438 U.S. 265 (1978), to respond to petitioners’ arguments. As this case comes to us, our precedents leave us no alternative but to dismiss the writ for lack of jurisdiction. 8a. We concluded that the plaintiff officeholders had Article III standing because they had alleged that they would have announced their candidacy for other offices were it not for the “automatic resignation” provision they were challenging. Duderstadt was the president of the University during the time that Gratz’s application was under consideration.

Ante, at 268; see Grutter v. Bollinger, post, at 326-333. In sum, the same set of concerns is implicated by the University’s use of race in evaluating all undergraduate admissions applications under the guidelines.17 We therefore agree with the District Court’s carefully considered decision to certify this class-action challenge to the University’s consideration of race in undergraduate admissions. by Andrew L. Sandler and Mary L. Smith. He therefore has standing to seek prospective relief with respect to the University's continued use of race in undergraduate admissions. [Footnote 3-4] It.

Instead, every applicant like student A would simply be admitted. Adarand, 515 U.S., at 224.

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