Gratz v. Bollinger
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''Gratz v. Bollinger'', 539 U.S. 244 (2003), was a United States
Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
case Case or CASE may refer to: Containers * Case (goods), a package of related merchandise * Cartridge case or casing, a firearm cartridge component * Bookcase, a piece of furniture used to store books * Briefcase or attaché case, a narrow box to c ...
regarding the University of Michigan undergraduate affirmative action admissions policy. In a 6–3 decision announced on June 23, 2003,
Chief Justice Rehnquist William Hubbs Rehnquist ( ; October 1, 1924 – September 3, 2005) was an American attorney and jurist who served on the Supreme Court of the United States, U.S. Supreme Court for 33 years, first as an Associate justice of the Supreme Court of ...
, writing for the Court, ruled the University's point system's "predetermined point allocations" that awarded 20 points towards admission to underrepresented minorities "ensures that the diversity contributions of applicants cannot be individually assessed" and was therefore unconstitutional.


Case

The University of Michigan used a 150-point scale to rank applicants, with 100 points needed to guarantee admission. The University gave underrepresented ethnic groups, including African-Americans, Hispanics, and Native Americans, an automatic 20-point bonus towards their score, while a perfect SAT score was worth 12 points. The petitioners, Jennifer Gratz and Patrick Hamacher, both residents of Michigan, applied for admission to the University of Michigan's College of Literature, Science, and the Arts (LSA). Gratz applied for admission in the fall of 1995 and Hamacher in the fall of 1997. Both were subsequently denied admission to the university. Gratz and Hamacher were contacted by the Center for Individual Rights, which filed a lawsuit on their behalf in October 1997. The case was filed in the United States District Court for the Eastern District of Michigan against the University of Michigan, the College of LSA, James Duderstadt, and Lee Bollinger. Duderstadt was president of the university while Gratz's application was under consideration, and Bollinger while Hamacher's was under consideration. Their class-action lawsuit alleged "violations and threatened violations of the rights of the plaintiffs and the class they represent to equal protection of the laws under the Fourteenth Amendment to the United States Constitution, Fourteenth Amendment... and for racial discrimination." Like ''Grutter v. Bollinger, Grutter,'' the case was heard in District Court, appealed to the Sixth Circuit Court of Appeals, and asked to be heard before the Supreme Court.


U.S. Supreme Court consideration


Issues of standing

It has been argued by some that Jennifer Gratz lacked Standing (law), legal standing to bring this action. Gratz applied in 1995, three years before the University of Michigan adopted its points system. Gratz could not claim injury as a result of the points system, and thus, under traditional legal rules, Gratz lacked standing. Gratz chose not to attend the University of Michigan by declining the university's offer to be placed on a waiting list. Every Michigan student who agreed to go onto the waiting list in the spring of 1995 was admitted to the University of Michigan for the Fall 1995 semester. However, Gratz argues that she did fill out the paperwork for said waiting list, but the University claims it got lost.


Opinion of the court

Chief Justice Rehnquist delivered the opinion of the court. The court's majority found that Gratz and co-plaintiff Hamacher had standing to seek declaratory and injunctive relief, relying on ''Northeastern Fla. Chapter, Associated Gen. Contractors of America v. Jacksonville'', 508 U.S. 656 (1993). Here the "injury in fact" necessary to establish standing in the case was the denial of equal treatment resulting from the imposition of the barrier, and not in the ultimate inability to obtain the benefit. The court held that because the university’s use of race in its current freshman admissions policy was not Strict scrutiny, narrowly tailored to achieve the respondents' asserted interest in diversity, the policy violated the Equal Protection Clause.


Dissent

Justices Stevens, Souter, and Ginsburg dissented. Ginsburg wrote that "government decisionmakers may properly distinguish between policies of exclusion and inclusion...Actions designed to burden groups long denied full citizenship stature are not sensibly ranked with measures taken to hasten the day when entrenched discrimination and its after effects have been extirpated."


See also

* ''Grutter v. Bollinger'' (2003) *List of class action lawsuits *List of United States Supreme Court cases, volume 539


References


Further reading

*


External links

*
Transcript of April 1, 2003 Supreme Court arguments
(Portable Document Format, PDF format) {{DEFAULTSORT:Gratz v. Bollinger United States equal protection case law United States affirmative action case law 2003 in United States case law Class action lawsuits University of Michigan University and college admissions Legal history of Michigan United States Supreme Court cases United States Supreme Court cases of the Rehnquist Court United States racial discrimination case law