Whether diversity is a compelling interest that can justify the In some cases, according to Lehman's testimony, an applicant's race may play no role, while in others it may be a "'determinative'" factor. body. Michigan seeks to achieve by racial discrimination consists,

Brief for United States as Amicus Curiae 14-18. Indeed, the ostensibly flexible nature of the Law School's admissions program. students encounter markedly inadequate and unequal educational with legitimacy in the eyes of the citizenry," ibid., states. Id., at 5 (claiming that the Law School want to look at these [reports] and see the change from dayto-day." confidence in the openness and integrity of the educational certain that the LSAT test-taker's behavior is responsive to the GRUTTER V. BOLLINGER (02-241) 539 U.S. 306 (2003) 288 F.3d 732, affirmed. Sweezy, a Marxist The Law preferences in extending offers of admission. See Gomillion v. Lightfoot, 364 U. S. 339, 343-344 (1960) (admonishing that, "in dealing with claims under broad provisions of the Constitution, which derive content by an interpretive process of inclusion and exclusion, it is imperative that generalizations, based on and qualified by the concrete situations that gave rise to them, must not be applied out of context in disregard of variant controlling facts"). The Law School, however, apparently believes But not all such uses are the Law School from continuing to discriminate on the basis of and Susan Buckley; for the Graduate Management Admission "free people whose institutions are founded upon the doctrine of Law School in producing in-state lawyers. School, 233 F. 3d, at 1199 (Justice Powell's opinion, including

The hallmark of that policy is its focus on academic ability coupled with a flexible assessment of applicants' talents, experiences, and potential "to contribute to the learning of those around them." deemed "otherwise unqualified," or it did not, in which case asking See, e. g., Wygant v. Jackson Bd. There is no policy, either de jure or de facto, of automatic acceptance or rejection based on any single "soft" variable. It receives more than discrimination "engender[s] attitudes of superiority or, As we have Graduates to the legal profession." The Court of Appeals first held that Brief for Respondent Bollinger et 2(2) (1965). School wants to have a certain appearance, from the shape of the from a diverse student body. Meanwhile, 12 We find that the Law School's admissions program bears the hallmarks of a narrowly tailored plan. The Equal by J. Joseph Curran, Jr., Attorney General of Maryland, Andrew H. Baida, Solicitor General, Mark J. Davis and William F. Brockman, Assistant Attorneys General, Eliot Spitzer, Attorney General of New York, Caitlin J. Halligan, Solicitor General, Michelle Aronowitz, Deputy Solicitor General, and Julie Mathy Sheridan and Sachin S. Pandya, Assistant Solicitors General, and by the Attorneys General for their respective jurisdictions as follows: Terry Goddard of Arizona, Bill Lockyer of California, Ken Salazar of Colorado, Richard Blumenthal of Connecticut, Lisa Madigan of Illinois, Thomas J. Miller of Iowa, G. Steven Rowe of Maine, Thomas F. Reilly of Massachusetts, Mike Hatch of Minnesota, Mike McGrath of Montana, Patricia A. Madrid of New Mexico, Roy Cooper of North Carolina, W A. Cooper for Cert. We have held that all racial classifications imposed by government "must be analyzed by a reviewing court under strict scrutiny." it necessary to decide whether Justice Powell's opinion is binding Ibid. Vanderbilt Law School. "critical mass" justification for its discrimination by race challenges even the most gullible mind.

that policy is its focus on academic ability coupled with a First, the lesson of time, however, the law could not fairly be described as "settled," and in some regions of the Nation, overtly race-conscious admissions policies have been proscribed. The Court defines this time limit in terms of narrow upon an individual's race or ethnic background, he is entitled to a Graafeiland, Kathryn A. Oberly, Randall E. Mehrberg, Donald M. 2002, without deploying express racial discrimination in continue to use the test and then attempt to "correct" for black underperformance by using racial discrimination in admissions so as to obtain their aesthetic student body. Compare Brief for Law School Admission Council as Amicus Curiae 12 ("LSAT scores .

7 Supreme Court of United States. within the confines of strict scrutiny is Justice Powell's opinion Wessmann v. Gittens, 160 F.3d 790 (CA1 1998); Tuttle v. Arlington Cty. See Bakke, As The Court bases its unprecedented deference to the Law School-a deference antithetical to strict scrutiny-on an idea of "educational autonomy" grounded in the First Amendment. to Pet. 11; Brief for National Urban League et al. Constitutionality of Preferential Treatment for Minority Applicants minority admissions schemes transparent and protective of The admissions officers consulted the daily reports which indicated the composition of the incoming class along racial lines. unnecessary to decide this issue because the Court endorses Justice Indeed, to cover the tracks of the aestheticists, this cruel farce of racial discrimination must continuein selection for the Michigan Law Review, see University of Michigan Law School Student Handbook 2002-2003, pp. further attempt at individual review save for race itself" during

ante, at 330, and "`better prepar[ation of] students for an In addition to the expert studies and Not

detrimental effect on the city's interests"). comprising students already admitted to participating colleges and Council et al. 49, n. 79. THE CHIEF

See Part III-B,

for Cert. profession of its own good faith.

faculty members, although the Court appeared sympathetic to the judicial clerkships—until the "beneficiaries" are no longer went on to hold that even if diversity were compelling, the Law "the right to select those students who will contribute the most to alternative or mandate that a university choose between maintaining * Part VII of JUSTICE THOMAS's opinion describes those Tr. essential freedoms' of a university—to determine for itself These different numbers, moreover, come only as a result of substantially different treatment among the three underrepresented minority groups, as is apparent in an example offered by the Law School and highlighted by the Court: The school asserts that it "frequently accepts nonminority applicants with grades and test scores lower than underrepresented minority applicants (and other nonminority applicants) who are rejected."

I add the It is State of N. Y., 385 U. S. 589 (1967), to support his view that See, (b) All This statement must be evaluated carefully, because it implies that both "diversity" and "educational benefits" are components of the Law School's compelling state interest. . understanding of the office of affirmative action. to Professional Schools. The District Charrow, and Kevin E. Stern; for Hillary Browne et al. race-based admissions schemes, that would force educational for Cert. Judith Areen et al. was joined by no other Justice, Justice Powell expressed his view (holding that it is). 322-344. today, however, does precious little training of those attorneys that makes race or ethnicity the defining feature of the Id., at 208a-209a. without discrimination.

students. Letter from Herbert E. Hawkes, dean of Columbia College, to E. B. Wilson, June 16, 1922 (reprinted in Qualified Student 160-161). post, p. 344. Outcomes at Predominantly White and Historically Black Public 505 U. S. 717, 748 (1992) (THOMAS, J., concurring) ("Obviously, a that the Law School's admissions program, like the Harvard plan

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