grutter bollinger et argued april decided june university michigan law school law school one nation top law schools follows official admissions policy seeks achieve student body diversity compliance regents univ cal bakke focusing students academic ability coupled flexible assessment talents experiences potential policy requires admissions officials evaluate applicant based information available file including personal statement letters recommendation essay describing applicant contribute law school life diversity applicant undergraduate grade point average gpa law school admissions test lsat score additionally officials must look beyond grades scores soft variables recommenders enthusiasm quality undergraduate institution applicant essay areas difficulty undergraduate course selection policy define diversity solely terms racial ethnic status restrict types diversity contributions eligible substantial weight reaffirm law school commitment diversity special reference inclusion hispanic students otherwise might represented student body meaningful numbers enrolling critical mass underrepresented minority students policy seeks ensure ability contribute law school character legal profession law school denied admission petitioner grutter white michigan resident gpa lsat score filed suit alleging respondents discriminated basis race violation fourteenth amendment title vi civil rights act rejected law school uses race predominant factor giving applicants belonging certain minority groups significantly greater chance admission students similar credentials disfavored racial groups respondents compelling interest justify use race district found law school use race admissions factor unlawful sixth circuit reversed holding justice powell opinion bakke binding precedent establishing diversity compelling state interest law school use race narrowly tailored race merely potential factor law school program virtually identical harvard admissions program described approvingly justice powell appended bakke opinion held law school narrowly tailored use race admissions decisions compelling interest obtaining educational benefits flow diverse student body prohibited equal protection clause title vi pp landmark bakke case reviewed medical school racial program reserved seats members certain minority groups decision produced six separate opinions none commanded majority four justices upheld program ground government use race remedy disadvantages cast minorities past racial prejudice four justices struck program statutory grounds justice powell announcing judgment provided fifth vote invalidating program also reversing state injunction use race whatsoever part opinion joined justice justice powell expressed view attaining diverse student body interest asserted university survived scrutiny grounding analysis academic freedom long viewed special concern first amendment justice powell emphasized future depends upon leaders trained wide exposure ideas mores students diverse nation however also emphasized interest simple ethnic diversity specified percentage student body effect guaranteed members selected ethnic groups justify using race rather diversity furthers compelling state interest encompasses far broader array qualifications characteristics racial ethnic origin single though important element ibid since bakke justice powell opinion touchstone constitutional analysis admissions policies public private universities across nation modeled admissions programs justice powell views courts however struggled discern whether justice powell diversity rationale binding precedent finds unnecessary decide issue endorses justice powell view student body diversity compelling state interest context university admissions pp government racial classifications must analyzed reviewing strict scrutiny adarand constructors peña uses invalidated strict scrutiny action necessary compelling governmental interest violate equal protection clause long narrowly tailored interest shaw hunt context matters reviewing action see gomillion lightfoot every decision influenced race equally objectionable strict scrutiny designed provide framework carefully examining importance sincerity government reasons using race particular context endorses justice powell view student body diversity compelling state interest justify using race university admissions defers law school educational judgment diversity essential educational mission scrutiny interest less strict taking account complex educational judgments area lies primarily within university expertise see bakke path leadership must visibly open talented qualified individuals every race ethnicity thus law school compelling interest attaining diverse student body law school admissions program bears hallmarks narrowly tailored plan narrowly tailored admissions program insulat category applicants certain desired qualifications competition applicants bakke supra opinion powell instead may consider race ethnicity particular applicant file must flexible enough consider pertinent elements diversity light particular qualifications applicant place footing consideration although necessarily according weight follows universities establish quotas members certain racial ethnic groups put separate admissions tracks see law school admissions program like harvard plan approved justice powell satisfies requirements moreover program flexible enough ensure applicant evaluated individual way makes race ethnicity defining feature application see bakke supra opinion powell law school engages highly individualized holistic review applicant file giving serious consideration ways applicant might contribute diverse educational environment policy either de jure de facto automatic acceptance rejection based single soft variable gratz bollinger ante distinguished also program adequately ensures factors may contribute diversity meaningfully considered alongside race moreover law school frequently accepts nonminority applicants grades test scores lower underrepresented minority applicants nonminority applicants rejected rejects argument law school used means obtain educational benefits student body diversity lottery system decreasing emphasis gpa lsat scores narrow tailoring require exhaustion every conceivable alternative mandate university choose maintaining reputation excellence fulfilling commitment provide educational opportunities members racial groups see wygant jackson bd satisfied law school adequately considered available alternatives also satisfied context individualized consideration possible diversity contributions applicant law school admissions program unduly harm nonminority applicants finally admissions policies must limited time takes law school word like nothing better find admissions formula terminate use racial preferences soon practicable expects years use racial preferences longer necessary interest approved today pp law school use race admissions decisions prohibited equal protection clause petitioner statutory claims based title vi also fail see bakke supra opinion powell general building contractors pennsylvania pp affirmed delivered opinion stevens souter ginsburg breyer joined scalia thomas joined part insofar consistent views expressed part vii opinion thomas ginsburg filed concurring opinion breyer joined scalia filed opinion concurring part dissenting part thomas joined thomas filed opinion concurring part dissenting part scalia joined parts rehnquist filed dissenting opinion scalia kennedy thomas joined kennedy filed dissenting opinion barbara grutter petitioner lee bollinger et al writ certiorari appeals sixth circuit june justice delivered opinion case requires us decide whether use race factor student admissions university michigan law school law school unlawful law school ranks among nation top law schools receives applications year class around students seeking admit group students individually collectively among capable law school looks individuals substantial promise success law school strong likelihood succeeding practice law contributing diverse ways others app broadly law school seeks mix students varying backgrounds experiences respect learn ibid dean law school charged faculty committee crafting written admissions policy implement goals particular law school sought ensure efforts achieve student body diversity complied recent ruling use race university admissions see regents univ cal bakke upon unanimous adoption committee report law school faculty became law school official admissions policy hallmark policy focus academic ability coupled flexible assessment applicants talents experiences potential contribute learning around app policy requires admissions officials evaluate applicant based information available file including personal statement letters recommendation essay describing ways applicant contribute life diversity law school reviewing applicant file admissions officials must consider applicant undergraduate grade point average gpa law school admissions test lsat score important imperfect predictors academic success law school policy stresses applicant admitted unless expect applicant well enough graduate serious academic problems policy makes clear however even highest possible score guarantee admission law school low score automatically disqualify applicant ibid rather policy requires admissions officials look beyond grades test scores criteria important law school educational objectives variables enthusiasm recommenders quality undergraduate institution quality applicant essay areas difficulty undergraduate course selection brought bear assessing applicant likely contributions intellectual social life institution ibid policy aspires achieve diversity potential enrich everyone education thus make law school class stronger sum parts policy restrict types diversity contributions eligible substantial weight admissions process instead recognizes many possible bases diversity admissions policy however reaffirm law school longstanding commitment one particular type diversity racial ethnic diversity special reference inclusion students groups historically discriminated like hispanics native americans without commitment might represented student body meaningful numbers enrolling mass underrepresented minority students law school seeks ensur ability make unique contributions character law school policy define diversity solely terms racial ethnic status policy insensitive competition among students admission aw chool ibid rather policy seeks guide admissions officers producing classes diverse academically outstanding classes made students promise continue tradition outstanding contribution michigan graduates legal profession ibid petitioner barbara grutter white michigan resident applied law school grade point average lsat score law school initially placed petitioner waiting list subsequently rejected application december petitioner filed suit district eastern district michigan law school regents university michigan lee bollinger dean law school president university michigan jeffrey lehman dean law school dennis shields director admissions law school petitioner alleged respondents discriminated basis race violation fourteenth amendment title vi civil rights act stat rev stat amended petitioner alleged application rejected law school uses race predominant factor giving applicants belong certain minority groups significantly greater chance admission students similar credentials disfavored racial groups app petitioner also alleged respondents compelling interest justify use race admissions process petitioner requested compensatory punitive damages order requiring law school offer admission injunction prohibiting law school continuing discriminate basis race petitioner clearly standing bring lawsuit northeastern chapter associated gen contractors america jacksonville district granted petitioner motion class certification bifurcation trial liability damages phases class defined persons applied granted admission university michigan law school academic years since including time judgment entered herein members racial ethnic groups including caucasian defendants treated less favorably considering applications admission law school app pet cert district heard oral argument parties summary judgment december taking motions advisement district indicated decide matter law whether law school asserted interest obtaining educational benefits flow diverse student body compelling district also indicated conduct bench trial extent race factor law school admissions decisions whether law school consideration race admissions decisions constituted double standard bench trial parties introduced extensive evidence concerning law school use race admissions process dennis shields director admissions petitioner applied law school testified direct staff admit particular percentage number minority students rather consider applicant race along factors shields testified height admissions season frequently consult daily reports kept track racial ethnic composition class along information residency status gender done shields testified ensure critical mass underrepresented minority students reached realize educational benefits diverse student body ibid shields stressed however seek admit particular number percentage underrepresented minority students ibid erica munzel succeeded shields director admissions testified means representation understood mean number encourages underrepresented minority students participate classroom feel isolated munzel stated number percentage range numbers percentages constitute critical mass munzel also asserted must consider race applicants critical mass underrepresented minority students enrolled admissions decisions based primarily undergraduate gpas lsat scores ibid current dean law school jeffrey lehman also testified like law school witnesses lehman quantify critical mass terms numbers percentages indicated critical mass means numbers underrepresented minority students feel isolated like spokespersons race ibid asked extent race considered admissions lehman testified varies one applicant another ibid cases according lehman testimony applicant race may play role others may factor ibid district heard extensive testimony professor richard lempert chaired faculty committee drafted policy lempert emphasized law school seeks students diverse interests backgrounds enhance classroom discussion educational experience inside outside classroom asked policy racial ethnic diversity special reference inclusion students groups historically discriminated lempert explained language purport remedy past discrimination rather include students may bring law school perspective different members groups victims discrimination ibid lempert acknowledged groups asians jews experienced discrimination explained mentioned policy individuals members groups already admitted law school significant numbers ibid kent syverud final witness testify law school use race admissions decisions syverud professor law school admissions policy adopted dean vanderbilt law school addition testimony trial syverud submitted several expert reports educational benefits diversity syverud testimony indicated critical mass underrepresented minority students present racial stereotypes lose force nonminority students learn rather variety viewpoints among minority students attempt quantify extent law school actually considers race making admissions decisions parties introduced voluminous evidence trial relying data obtained law school petitioner expert kinley larntz generated analyzed admissions grids years question grids show number applicants number admittees combinations gpas lsat scores larntz made comparisons applicants different races determine whether statistically significant relationship existed race admission rates concluded membership certain minority groups extremely strong factor decision acceptance applicants minority groups given extremely large allowance compared applicants members nonfavored groups larntz conceded however race predominant factor law school admissions calculus tr stephen raudenbush law school expert focused predicted effect eliminating race factor law school admission process raudenbush view admissions system dramatic negative effect underrepresented minority admissions app pet cert testified percent underrepresented minority applicants admitted ibid raudenbush predicted race considered percent applicants admitted ibid scenario underrepresented minority students comprised percent entering class instead actual figure percent ibid end district concluded law school use race factor admissions decisions unlawful applying strict scrutiny district determined law school asserted interest assembling diverse student body compelling attainment racially diverse class recognized bakke remedy past discrimination district went hold even diversity compelling law school narrowly tailored use race interest district granted petitioner request declaratory relief enjoined law school using race factor admissions decisions appeals entered stay injunction pending appeal sitting en banc appeals reversed district judgment vacated injunction appeals first held justice powell opinion bakke binding precedent establishing diversity compelling state interest according appeals justice powell opinion respect diversity comprised controlling rationale judgment analysis set forth marks appeals also held law school use race narrowly tailored race merely potential factor law school program virtually identical harvard admissions program described approvingly justice powell appended bakke opinion four dissenting judges held law school use race unconstitutional three dissenters rejecting majority marks analysis examined law school interest student body diversity merits concluded compelling fourth dissenter writing separately found unnecessary decide whether diversity compelling interest like dissenters believed law school use race narrowly tailored interest granted certiorari resolve disagreement among courts appeals question national importance whether diversity compelling interest justify narrowly tailored use race selecting applicants admission public universities compare hopwood texas hopwood holding diversity compelling state interest smith university law school holding ii last addressed use race public higher education years ago landmark bakke case reviewed racial program reserved seats medical school class members certain minority groups decision produced six separate opinions none commanded majority four justices upheld program attack ground government use race remedy disadvantages cast minorities past racial prejudice joint opinion brennan white marshall blackmun concurring judgment part dissenting part four justices avoided constitutional question altogether struck program statutory grounds opinion stevens joined burger stewart rehnquist concurring judgment part dissenting part justice powell provided fifth vote invalidating program also reversing state injunction use race whatsoever holding bakke state substantial interest legitimately may served properly devised admissions program involving competitive consideration race ethnic origin thus reversed part lower judgment enjoined university consideration race applicant ibid since splintered decision bakke justice powell opinion announcing judgment served touchstone constitutional analysis admissions policies public private universities across nation modeled admissions programs justice powell views permissible policies see brief judith areen et al amici curiae law school admissions programs employ methods designed based justice powell opinion bakke brief amherst college et al amici curiae bakke amici undoubtedly selective colleges universities well reviewed admissions procedures light justice powell opinion set sail accordingly therefore discuss justice powell opinion detail justice powell began stating guarantee equal protection mean one thing applied one individual something else applied person another color accorded protection equal bakke justice powell view governmental decisions touch upon individual race ethnic background entitled judicial determination burden asked bear basis precisely tailored serve compelling governmental interest exacting standard one interests asserted university survived justice powell scrutiny first justice powell rejected interest historic deficit traditionally disfavored minorities medical schools medical unlawful interest racial balancing second justice powell rejected interest remedying societal discrimination measures risk placing unnecessary burdens innocent third parties bear responsibility whatever harm beneficiaries special admissions program thought suffered third justice powell rejected interest increasing number physicians practice communities currently underserved concluding even interest compelling circumstances program review geared promote goal justice powell approved university use race one interest attainment diverse student body important proviso constitutional limitations protecting individual rights may disregarded justice powell grounded analysis academic freedom long viewed special concern first amendment justice powell emphasized nothing less future depends upon leaders trained wide exposure ideas mores students diverse nation many peoples quoting keyishian board regents univ state seeking right select students contribute exchange ideas university seeks achieve goal paramount importance fulfillment mission tradition experience lend support view contribution diversity substantial ibid justice powell however careful emphasize view race one element range factors university properly may consider attaining goal heterogeneous student body justice powell interest simple ethnic diversity specified percentage student body effect guaranteed members selected ethnic groups justify use race rather diversity furthers compelling state interest encompasses far broader array qualifications characteristics racial ethnic origin single though important element ibid wake fractured decision bakke courts struggled discern whether justice powell diversity rationale set forth part opinion joined justice nonetheless binding precedent marks case explained hen fragmented decides case single rationale explaining result enjoys assent five justices holding may viewed position taken members concurred judgments narrowest grounds compare johnson board regents univ justice powell diversity rationale holding hopwood texas hopwood ii hopwood smith university law school justice powell opinion including diversity rationale controlling marks find necessary decide whether justice powell opinion binding marks seem useful pursue marks inquiry utmost logical possibility obviously baffled divided lower courts considered nichols supra important reasons set today endorse justice powell view student body diversity compelling state interest justify use race university admissions equal protection clause provides state shall deny person within jurisdiction equal protection laws amdt fourteenth amendment protect persons groups governmental action based race group classification long recognized circumstances irrelevant therefore prohibited subjected detailed judicial inquiry ensure personal right equal protection laws infringed adarand constructors peña emphasis original internal quotation marks citation omitted free people whose institutions founded upon doctrine equality loving virginia internal quotation marks citation omitted follows principle government may treat people differently race compelling reasons adarand constructors peña held racial classifications imposed government must analyzed reviewing strict scrutiny ibid means classifications constitutional narrowly tailored compelling governmental interests absent searching judicial inquiry justification measures way determine classifications classifications fact motivated illegitimate notions racial inferiority simple racial politics richmond croson plurality opinion apply strict scrutiny racial classifications illegitimate uses race assuring government pursuing goal important enough warrant use highly suspect tool ibid strict scrutiny strict theory fatal fact adarand constructors peña supra internal quotation marks citation omitted although governmental uses race subject strict scrutiny invalidated explained whenever government treats person unequally race person suffered injury falls squarely within language spirit constitution guarantee equal protection observation says nothing ultimate validity particular law determination job applying strict scrutiny action necessary compelling governmental interest action violate constitutional guarantee equal protection long requirement also satisfied context matters reviewing governmental action equal protection clause see gomillion lightfoot admonishing dealing claims broad provisions constitution derive content interpretive process inclusion exclusion imperative generalizations based qualified concrete situations gave rise must applied context disregard variant controlling facts adarand constructors peña made clear strict scrutiny must take differences account indeed explained fundamental purpose ibid every decision influenced race equally objectionable strict scrutiny designed provide framework carefully examining importance sincerity reasons advanced governmental decisionmaker use race particular context iii principles mind turn question whether law school use race justified compelling state interest throughout litigation respondents assert one justification use race admissions process obtaining educational benefits flow diverse student body brief respondents bollinger et al words law school asks us recognize context higher education compelling state interest student body diversity first wish dispel notion law school argument foreclosed either expressly implicitly cases decided since bakke true language opinions might read suggest remedying past discrimination permissible justification governmental action see richmond croson supra plurality opinion stating unless classifications based race strictly reserved remedial settings may fact promote notions racial inferiority lead politics racial hostility never held governmental use race survive strict scrutiny remedying past discrimination since bakke directly addressed use race context public higher education today hold law school compelling interest attaining diverse student body law school educational judgment diversity essential educational mission one defer law school assessment diversity fact yield educational benefits substantiated respondents amici scrutiny interest asserted law school less strict taking account complex educational judgments area lies primarily within expertise university holding today keeping tradition giving degree deference university academic decisions within constitutionally prescribed limits see regents univ ewing board curators univ mo horowitz bakke opinion powell long recognized given important purpose public education expansive freedoms speech thought associated university environment universities occupy special niche constitutional tradition see wieman updegraff frankfurter concurring sweezy new hampshire shelton tucker keyishian board regents univ state announcing principle student body diversity compelling state interest justice powell invoked cases recognizing constitutional dimension grounded first amendment educational autonomy freedom university make judgments education includes selection student body bakke supra premise justice powell reasoned claiming right select students contribute exchange ideas university seek achieve goal paramount importance fulfillment mission quoting keyishian board regents univ state supra conclusion law school compelling interest diverse student body informed view attaining diverse student body heart law school proper institutional mission good faith part university presumed absent showing contrary part goal assembling class exceptionally academically qualified broadly diverse law school seeks enroll mass minority students brief respondents bollinger et al law school interest simply assure within student body specified percentage particular group merely race ethnic origin bakke racial balance achieved sake richmond croson rather law school concept critical mass defined reference educational benefits diversity designed produce benefits substantial district emphasized law school admissions policy promotes understanding helps break racial stereotypes enables students better understand persons different races app pet cert benefits important laudable classroom discussion livelier spirited simply enlightening interesting students greatest possible variety backgrounds law school claim compelling interest bolstered amici point educational benefits flow student body diversity addition expert studies reports entered evidence trial numerous studies show student body diversity promotes learning outcomes better prepares students increasingly diverse workforce society better prepares professionals brief american educational research association et al amici curiae see bowen bok shape river diversity challenged evidence impact affirmative action orfield kurlaender eds compelling interest examining evidence racial dynamics colleges universities chang witt jones hakuta eds benefits theoretical real major american businesses made clear skills needed today increasingly global marketplace developed exposure widely diverse people cultures ideas viewpoints brief et al amici curiae brief general motors amicus curiae retired officers civilian leaders military assert ased decades experience highly qualified racially diverse officer corps essential military ability fulfill principle mission provide national security brief julius becton et al amici curiae primary sources nation officer corps service academies reserve officers training corps rotc latter comprising students already admitted participating colleges universities present military achieve officer corps highly qualified racially diverse unless service academies rotc used limited recruiting admissions policies ibid emphasis original fulfill mission military must selective admissions training education officer corps must train educate highly qualified racially diverse officer corps racially diverse setting emphasis original agree requires small step analysis conclude country selective institutions must remain diverse selective ibid repeatedly acknowledged overriding importance preparing students work citizenship describing education pivotal sustaining political cultural heritage fundamental role maintaining fabric society plyler doe long recognized education foundation good citizenship brown board education reason diffusion knowledge opportunity public institutions higher education must accessible individuals regardless race ethnicity amicus curiae affirms nsuring public institutions open available segments american society including people races ethnicities represents paramount government objective brief amicus curiae owhere importance openness acute context higher education ibid effective participation members racial ethnic groups civic life nation essential dream one nation indivisible realized moreover universities particular law schools represent training ground large number nation leaders sweatt painter describing law school proving ground legal learning practice individuals law degrees occupy roughly half state governorships half seats senate third seats house representatives see brief association american law schools amicus curiae pattern even striking comes highly selective law schools handful schools accounts senators courts appeals judges nearly district judges order cultivate set leaders legitimacy eyes citizenry necessary path leadership visibly open talented qualified individuals every race ethnicity members heterogeneous society must confidence openness integrity educational institutions provide training recognized law schools effective isolation individuals institutions law interacts see sweatt painter supra access legal education thus legal profession must inclusive talented qualified individuals every race ethnicity members heterogeneous society may participate educational institutions provide training education necessary succeed america law school premise need critical mass belief minority students always even consistently express characteristic minority viewpoint issue brief respondent bollinger et al contrary diminishing force stereotypes crucial part law school mission one accomplish token numbers minority students growing particular region particular professional experiences likely affect individual views one unique experience racial minority society like race unfortunately still matters law school determined based experience expertise critical mass underrepresented minorities necessary compelling interest securing educational benefits diverse student body even limited circumstance drawing racial distinctions permissible compelling state interest government still constrained may pursue end means chosen accomplish government asserted purpose must specifically narrowly framed accomplish purpose shaw hunt internal quotation marks citation omitted purpose narrow tailoring requirement ensure means chosen th compelling goal closely little possibility motive classification illegitimate racial prejudice stereotype richmond croson plurality opinion since bakke occasion define contours inquiry respect university admissions programs inquiry must calibrated fit distinct issues raised use race achieve student body diversity public higher education contrary justice kennedy assertions abandon strict scrutiny see post dissenting opinion rather already explained ante adhere adarand teaching purpose strict scrutiny take relevant differences account internal quotation marks omitted narrowly tailored admissions program use quota system insulat category applicants certain desired qualifications competition applicants bakke supra opinion powell instead university may consider race ethnicity particular applicant file without insulat ing individual comparison candidates available seats words admissions program must flexible enough consider pertinent elements diversity light particular qualifications applicant place footing consideration although necessarily according weight ibid find law school admissions program bears hallmarks narrowly tailored plan justice powell made clear bakke truly individualized consideration demands race used flexible nonmechanical way follows mandate universities establish quotas members certain racial groups put members groups separate admissions tracks see universities insulate applicants belong certain racial ethnic groups competition admission ibid universities however consider race ethnicity flexibly plus factor context individualized consideration every applicant ibid satisfied law school admissions program like harvard plan described justice powell operate quota properly understood quota program certain fixed number proportion opportunities reserved exclusively certain minority groups richmond croson supra plurality opinion quotas fixed number percentage must attained exceeded sheet metal workers eeoc concurring part dissenting part insulate individual comparison candidates available seats bakke supra opinion powell contrast permissible goal require effort come within range demarcated goal sheet metal workers eeoc supra permits consideration race plus factor given case still ensuring candidate compete qualified applicants johnson transportation agency santa clara justice powell distinction medical school rigid quota harvard flexible use race plus factor instructive harvard certainly minimum goals minority enrollment even specific number firmly mind see bakke supra opinion powell black students begin bring classmates variety points view backgrounds experiences blacks justice powell flatly rejected argument harvard program functional equivalent quota merely race gave greater weight race factors order achieve student body diversity law school goal attaining critical mass underrepresented minority students transform program quota harvard plan described justice powell recognized course relationship numbers achieving benefits derived diverse student body numbers providing reasonable environment students admitted ome attention numbers without transform flexible admissions system rigid quota ibid justice kennedy posits law school consultation daily reports keep track racial ethnic composition class well residency gender suggest attempt individual review save race final stages admissions process see post dissenting opinion contrary law school admissions officers testified without contradiction never gave race less weight based information contained reports brief respondents bollinger et al citing app nos moreover justice kennedy concedes see post number latino students class law school varied percent range inconsistent quota chief justice believes law school policy conceals attempt achieve racial balancing cites admissions data contend law school discriminates among different groups within critical mass post dissenting opinion chief justice concedes number underrepresented minority students ultimately enroll law school differs substantially representation applicant pool varies considerably group year year see post dissenting opinion admissions program operate quota satisfy requirement individualized consideration using race plus factor university admissions university admissions program must remain flexible enough ensure applicant evaluated individual way makes applicant race ethnicity defining feature application importance individualized consideration context admissions program paramount see bakke supra opinion powell identifying denial th right individualized consideration principal evil medical school admissions program law school engages highly individualized holistic review applicant file giving serious consideration ways applicant might contribute diverse educational environment law school affords individualized consideration applicants races policy either de jure de facto automatic acceptance rejection based single soft variable unlike program issue gratz bollinger ante law school awards mechanical predetermined diversity bonuses based race ethnicity see ante distinguishing admissions program automatically awards points based race harvard plan considered race contemplate single characteristic automatically ensured specific identifiable contribution university diversity like harvard plan law school admissions policy flexible enough consider pertinent elements diversity light particular qualifications applicant place footing consideration although necessarily according weight bakke supra opinion powell also find like harvard plan justice powell referenced bakke law school admissions program adequately ensures factors may contribute student body diversity meaningfully considered alongside race admissions decisions respect use race underrepresented minority students admitted law school deemed qualified virtue nation struggle racial inequality students likely experiences particular importance law school mission less likely admitted meaningful numbers criteria ignore experiences see app law school however limit way broad range qualities experiences may considered valuable contributions student body diversity contrary policy makes clear many possible bases diversity admissions provides examples admittees lived traveled widely abroad fluent several languages overcome personal adversity family hardship exceptional records extensive community service successful careers fields law school seriously considers applicant promise making notable contribution class way particular strength attainment characteristic unusual intellectual achievement employment experience nonacademic performance personal background applicants opportunity highlight potential diversity contributions submission personal statement letters recommendation essay describing ways applicant contribute life diversity law school law school actually gives substantial weight diversity factors besides race law school frequently accepts nonminority applicants grades test scores lower underrepresented minority applicants nonminority applicants rejected see brief respondents bollinger et al app shows law school seriously weighs many diversity factors besides race make real dispositive difference nonminority applicants well flexible approach law school sufficiently takes account practice well theory wide variety characteristics besides race ethnicity contribute diverse student body justice kennedy speculates race likely outcome determinative many members minority groups fall within upper range lsat scores grades post dissenting opinion said harvard plan discussed approvingly justice powell bakke indeed plan uses race one many factors see committee admissions reviews large middle group applicants admissible deemed capable good work courses race applicant may tip balance petitioner argue law school plan narrowly tailored means exist obtain educational benefits student body diversity law school seeks disagree narrow tailoring require exhaustion every conceivable alternative require university choose maintaining reputation excellence fulfilling commitment provide educational opportunities members racial groups see wygant jackson bd alternatives must serve interest richmond croson plurality opinion city whole array alternatives changing requirements little detrimental effect city interests narrow tailoring however require serious good faith consideration workable alternatives achieve diversity university seeks see plan narrowly tailored appear consideration use means wygant jackson bd supra narrow tailoring require consideration lawful alternative less restrictive means agree appeals law school sufficiently considered workable alternatives district took law school task failing consider alternatives using lottery system decreasing emphasis applicants undergraduate gpa lsat scores app pet cert alternatives require dramatic sacrifice diversity academic quality admitted students law school current admissions program considers race one factor among many effort assemble student body diverse ways broader race lottery make kind nuanced judgment impossible effectively sacrifice educational values mention every kind diversity suggestion law school simply lower admissions standards students drastic remedy require law school become much different institution sacrifice vital component educational mission advocates percentage plans recently adopted public undergraduate institutions texas florida california guarantee admission students certain threshold every high school state brief amicus curiae however explain plans work graduate professional schools even assuming plans may preclude university conducting individualized assessments necessary assemble student body racially diverse diverse along qualities valued university satisfied law school adequately considered alternatives currently capable producing critical mass without forcing law school abandon academic selectivity cornerstone educational mission acknowledge serious problems justice connected idea preference bakke dissenting satisfied law school admissions program law school considers pertinent elements diversity select nonminority applicants greater potential enhance student body diversity underrepresented minority applicants see bakke supra opinion powell justice powell recognized bakke long admissions program uses race plus factor context individualized consideration rejected applicant foreclosed consideration seat simply right color wrong surname qualifications weighed fairly competitively basis complain unequal treatment fourteenth amendment agree context individualized inquiry possible diversity contributions applicants law school admissions program unduly harm nonminority applicants mindful however core purpose fourteenth amendment away governmentally imposed discrimination based race palmore sidoti accordingly admissions policies must limited time requirement reflects racial classifications however compelling goals potentially dangerous may employed broadly interest demands enshrining permanent justification racial preferences offend fundamental equal protection principle see reason exempt admissions programs requirement governmental use race must logical end point law school concedes programs must reasonable durational limits brief respondents bollinger et al context higher education durational requirement met sunset provisions admissions policies periodic reviews determine whether racial preferences still necessary achieve student body diversity universities california florida washington state racial preferences admissions prohibited state law currently engaged experimenting wide variety alternative approaches universities draw promising aspects alternatives develop cf lopez kennedy concurring may perform role laboratories experimentation devise various solutions best solution far clear requirement admissions programs termination point assure citizens deviation norm equal treatment racial ethnic groups temporary matter measure taken service goal equality richmond croson plurality opinion see also nathanson bartnik constitutionality preferential treatment minority applicants professional schools chicago bar rec sad day indeed america become society identifiable minority assigned proportional representation every desirable walk life rationale programs preferential treatment acid test justification efficacy eliminating need racial ethnic preferences take law school word like nothing better find admissions formula terminate admissions program soon practicable see brief respondents bollinger et al bakke supra opinion powell presuming good faith university officials absence showing contrary years since justice powell first approved use race interest student body diversity context public higher education since time number minority applicants high grades test scores indeed increased see tr oral arg expect years use racial preferences longer necessary interest approved today iv summary equal protection clause prohibit law school narrowly tailored use race admissions decisions compelling interest obtaining educational benefits flow diverse student body consequently petitioner statutory claims based title vi also fail see bakke supra opinion powell title vi proscribe racial classifications violate equal protection clause fifth amendment general building contractors pennsylvania prohibition discrimination equal protection clause judgment appeals sixth circuit accordingly affirmed ordered barbara grutter petitioner lee bollinger et al writ certiorari appeals sixth circuit june justice ginsburg justice breyer joins concurring observation programs must logical end point ante accords international understanding office affirmative action international convention elimination forms racial discrimination ratified see state treaties force june endorses special concrete measures ensure adequate development protection certain racial groups individuals belonging purpose guaranteeing full equal enjoyment human rights fundamental freedoms annex res gaor res supp doc art measures convention instructs shall case entail consequence maintenance unequal separate rights different racial groups objectives taken achieved ibid see also art similarly providing temporally limited affirmative action convention elimination forms discrimination women annex res gaor res supp doc art authorizing temporary special measures aimed accelerating de facto equality shall discontinued objectives equality opportunity treatment achieved observes years since justice powell regents univ cal bakke first approved use race interest student body diversity context public higher education ante least part time however law fairly described settled regions nation overtly admissions policies proscribed see hopwood texas cf wessmann gittens tuttle arlington cty school johnson board regents univ moreover years bakke declared public school segregation unconstitutional declaration prolonged resistance yielded end racial caste system legacy centuries slavery see brown board education cf cooper aaron well documented conscious unconscious race bias even rank discrimination based race remain alive land impeding realization highest values ideals see gratz bollinger ante ginsburg dissenting adarand constructors peña ginsburg dissenting krieger civil rights perestroika intergroup relations affirmative action rev public education data years show children hispanic children attended school minorities made majority student body see frankenberg lee orfield multiracial society segregated schools losing dream http research visited june available clerk case file schools predominantly minority communities lag far behind others measured educational resources available see brief national urban league et al amici curiae citing general accounting office spending differences selected inner city suburban schools varied metropolitan area however strong public desire improved education systems may see hart teeter national priority americans speak teacher quality public opinion research conducted educational testing service child left behind act pub stat supp pamphlet remains current reality many minority students encounter markedly inadequate unequal educational opportunities despite inequalities minority students able meet high threshold requirements set admission country finest undergraduate graduate educational institutions lower school education minority communities improves increase number students may anticipated today vantage point one may hope firmly forecast next generation span progress toward nondiscrimination genuinely equal opportunity make safe sunset affirmative action barbara grutter petitioner lee bollinger et al writ certiorari appeals sixth circuit june chief justice rehnquist justice scalia justice kennedy justice thomas join dissenting agree limited circumstance drawing racial distinctions permissible government must ensure means narrowly tailored achieve compelling state interest ante see also fullilove klutznick powell concurring ven government proffers compelling interest support reliance upon suspect classification means selected must narrowly drawn fulfill governmental purpose believe however university michigan law school law school means narrowly tailored interest asserts law school claims must take steps achieve underrepresented minority students brief respondents bollinger et al actual program bears relation asserted goal stripped critical mass veil law school program revealed naked effort achieve racial balancing explained many times ny preference based racial ethnic criteria must necessarily receive searching examination adarand constructors peña quoting wygant jackson bd plurality opinion powell cases establish order withstand demanding inquiry respondents must demonstrate methods using race compelling state interest greater precision alternative means regents univ cal bakke opinion powell political judgments touch upon individual race ethnic background entitled judicial determination burden asked bear basis precisely tailored serve compelling governmental interest decision today consistently applied strict scrutiny analysis regardless government purported reason using race regardless setting race used rejected calls use lenient review face claims race used good faith ore good motives required government seeks allocate resources way explicit racial classification system adarand supra fullilove supra stevens dissenting racial classifications simply pernicious permit exact connection justification classification likewise rejected calls apply lenient review based particular setting race used indeed even specific context higher education emphasized constitutional limitations protecting individual rights may disregarded bakke supra although recites language strict scrutiny analysis application review unprecedented deference respondents asserted justification law school use race admissions process obtaining educational benefits flow diverse student body ante quoting brief respondents bollinger et al contend critical mass underrepresented minorities necessary interest ante respondents school administrators explain generally critical mass means sufficient number underrepresented minority students achieve several objectives ensure minority students feel isolated like spokespersons race provide adequate opportunities type interaction upon educational benefits diversity depend challenge students think critically reexamine stereotypes see app pet cert brief respondents bollinger et al objectives indicate critical mass relates size student body claiming law school enrolled critical mass enough minority students provide meaningful integration classrooms residence halls respondents claim law school achieving critical mass noting law school goals greatly furthered presence mass minority students student body practice law school program bears little relation asserted goal achieving critical mass respondents explain law school seeks accumulate critical mass underrepresented minority group see law school current policy provide special commitment enrolling mass record demonstrates law school admissions practices respect groups differ dramatically defended consistent use term critical mass law school admitted students native american hispanic law school admitting order achieve critical mass thereby preventing students feeling isolated like spokespersons race one think number order magnitude necessary accomplish purpose hispanics native americans similarly even native american applicants admitted given year matriculate record demonstrates case possibly constitute critical mass native americans class students order pattern admission consistent law school explanation critical mass one believe objectives critical mass offered respondents achieved half number hispanics number native americans compared respondents offer reasons disparities instead simply emphasize importance achieving critical mass without explanation concept applied differently among three underrepresented minority groups different numbers moreover come result substantially different treatment among three underrepresented minority groups apparent example offered law school highlighted school asserts frequently accepts nonminority applicants grades test scores lower underrepresented minority applicants nonminority applicants rejected ante citing brief respondents bollinger et al specifically law school minority applicants rejected least grade point average gpa score higher law school admissions test lsat number caucasian applicants similar lower scores admitted brief respondents bollinger et al review record reveals individuals individuals hispanic native american discrepancy reflects consistent practice example hispanics scored lsat earned gpa higher applied admission admitted app meanwhile range qualifications applied admission admitted likewise year hispanics scored lsat earned higher applied admission applicants admitted similarly qualified applied admission admitted statistics significant bearing petitioner case respondents never offered arguments explaining significantly individuals one underrepresented minority group needed order achieve critical mass student body diversity certainly explained hispanics said among groups isolated racial barriers country admission capped manner brief respondents bollinger et al true petitioner neither hispanic native american law school disparate admissions practices respect minority groups demonstrate alleged goal critical mass simply sham petitioner may use statistics expose sham basis law school admission less qualified underrepresented minorities preference surely strict scrutiny permit sort disparities without least explanation critical mass label discarded likely explanation numbers emerge law school goal attaining critical mass underrepresented minority students interest merely ing within student body specified percentage particular group merely race ethnic origin ante quoting bakke opinion powell recognizes interest amount outright racial balancing patently unconstitutional ante concludes however law school use race admissions consistent justice powell opinion bakke pays ome attention numbers ante quoting bakke supra correlation percentage law school pool applicants members three minority groups percentage admitted applicants members groups far precise dismissed merely result school paying attention numbers tables show percentage admitted applicants members minority groups closely tracked percentage individuals school applicant pool groups table year number law school applicants number american applicants applicants number applicants admitted law school number applicants admitted admitted applicants american table year number law school applicants number hispanic applicants applicants hispanic number applicants admitted law school number hispanic applicants admitted admitted applicants hispanic table year number law school applicants number native american applicants applicants native american number applicants admitted law school number native american applicants admitted admitted applicants native american example applicant pool admitted class applicant pool admitted class correlation striking respondents emphasize number underrepresented minority students admitted law school significantly smaller race applicant considered see app pet cert brief respondents bollinger et al quoting app pet cert bollinger et al examples illustrate measure decrease differ dramatically among groups tight correlation percentage applicants admittees given race therefore must result careful race based planning law school suggests formula admission based aspirational assumption applicants equally qualified academically therefore proportion group admitted proportion group applicant pool see brief respondents bollinger et al discussing admissions officers use periodic reports track racial composition developing class respondents fail explain phenomenon attempt obscure see law school minority enrollment percentages diverged percentages applicant pool much divergence percentages underrepresented minorities applicant pool enrolled classes relevant comparison fact may relevant comparison law school precisely control admitted applicants decide attend university numbers demonstrate clearly employ racial preferences extending offers admission indeed ostensibly flexible nature law school admissions program finds appealing see ante appears practice carefully managed program designed ensure proportionate representation applicants selected minority groups believe constitution gives law school free rein use race law school offered explanation actual admissions practices unexplained bound conclude law school managed admissions program achieve critical mass extend offers admission members selected minority groups proportion statistical representation applicant pool precisely type racial balancing calls patently unconstitutional ante finally believe law school program fails strict scrutiny devoid reasonably precise time limit law school use race admissions emphasized consider planned duration remedy determining whether program constitutional fullilove determining whether remedies appropriate look several factors including duration relief previous cases required limit duration programs discrimination basis race invidious suggests possible limitation law school current program see ante respondents hand remain ambiguous explaining law school course recognizes programs must reasonable durational limits sixth circuit properly found limit law school resolve cease considering race genuine alternatives become available brief respondents bollinger et al discussions time limit vaguest assurances truth permit law school use racial preferences seemingly permanent basis thus important component strict scrutiny program limited time casually subverted unprecedented display deference strict scrutiny analysis upholds law school program despite obvious flaws said comes use race connection ends means used attain must precise flaw deeper merely question fit ends means means actually used forbidden equal protection clause constitution barbara grutter petitioner lee bollinger et al writ certiorari appeals sixth circuit june justice kennedy dissenting separate opinion justice powell regents univ cal bakke based principle university admissions program may take account race one nonpredominant factor system designed consider applicant individual provided program meet test strict scrutiny judiciary unitary formulation strict scrutiny abandoned manipulated distort real accepted meaning lacks authority approve use race even modest limited way opinion justice powell view correct rule resolving case however apply strict scrutiny trying say otherwise undermines test controlling precedents justice powell approval use race university admissions reflected tradition grounded first amendment acknowledging university conception educational mission bakke supra ante precedents provide basis acceptance university considered judgment racial diversity among students educational task supported empirical evidence ante unfortunate however takes first part justice powell rule abandons second approved use race factor admissions process majority proceeds nullify essential safeguard justice powell insisted upon precondition approval safeguard rigorous judicial review strict scrutiny controlling standard bakke supra racial ethnic distinctions sort inherently suspect thus call exacting judicial examination reaffirmed subsequent bakke absolute necessity strict scrutiny state uses race operative category adarand constructors peña ny person whatever race right demand governmental actor subject constitution justify racial classification subjecting person unequal treatment strictest judicial scrutiny richmond croson see kennedy concurring part concurring judgment ny racial preference must face rigorous scrutiny courts confuses deference university definition educational objective deference implementation goal context university admissions objective racial diversity accepted based empirical data known us deference given respect methods pursued preferment race resorted state divisive policies containing within potential destroy confidence constitution idea equality majority today refuses faithful settled principle strict review designed reflect concerns review nothing short perfunctory accepts university michigan law school assurances admissions process meets constitutional requirements majority fails confront reality law school admissions policy implemented dissenting opinion chief justice join full demonstrates beyond question concept critical mass delusion used law school mask attempt make race automatic factor instances achieve numerical goals indistinguishable quotas effort achieve racial balance among minorities school seeks attract admission patently unconstitutional ante see also bakke opinion powell remains point critical mass becomes inconsistent individual consideration specific aspects admissions process percent places entering class given applicants upper range law school admissions test scores grades applicant credentials likely admitted without consideration race ethnicity respect remaining percent seats race likely outcome determinative many members minority groups competition becomes tight given applicant chance admission far smaller lacks minority status point numerical concept critical mass real potential compromise individual review law school demonstrated individual consideration preserved stage application process given instruction attain calls critical mass fact evidence shows otherwise little deviation among admitted minority students years percentage enrolled minorities fluctuated number minority students offers extended varied slightly greater magnitude high low district relied uncontested fact draw inference law school pursuit critical mass mutated equivalent quota supp ed admittedly greater fluctuations among enrolled minorities preceding years much percentage minority offers however point fell historically defined law school bottom critical mass range greater variance earlier years event dispel suspicion school engaged racial balancing data consistent inference law school modified target twice back intervening year percentage dropped aberration caused school miscalculation many applicants offers accept redefinition made april minority groups entitled preference see brief respondents bollinger et al year percentage enrolled minority students narrow fluctuation band raises inference law school subverted individual determination strict scrutiny requires law school overcome inference whether objective critical mass described quota goal line drawn basis race ethnic status risks compromising individual assessment bakke opinion powell respect law school program compares unfavorably experience little ivy league colleges amicus amherst college example informs us offers extended students background period ranged offers total resulting fluctuation matriculated students class see brief amherst college et al amici curiae law school insisted upon much smaller fluctuation offers extended students eventually enrolled despite comparable class size law school burden proving conformance standard strict scrutiny utilize race unconstitutional way adarand constructors least constancy admitted minority students close correlation racial breakdown admitted minorities composition applicant pool discussed chief justice ante require law school either produce convincing explanation show taken adequate steps ensure individual assessment law school neither obvious tension pursuit critical mass requirement individual review increased end admissions season decisions race may decide outcome made period see supra admissions officers consulted daily reports indicated composition incoming class along racial lines dennis shields director admissions stated went admissions season frequently want look reports see change reports track exactly law school st ood given time assembling class tell admissions personnel whether short assembling critical mass minority students shields generated reports law school admissions policy told racial entering class something need ed concerned find way tracking going consultation daily reports last stages admissions process suggests attempt individual review save race admissions officers use reports recalibrate plus factor given race depending close achieving law school goal critical mass bonus factor race become divorced individual review premised instead numerical objective set law school law school made effort guard danger provided guidelines admissions personnel reconcile individual assessment directive admit critical mass minority students admissions program structured eliminate least risk promise individual evaluation kept daily consideration racial breakdown admitted students feature programs used institutions higher learning little ivy league colleges instance keep ongoing tallies racial ethnic composition entering students see brief amherst college et al amici curiae constitutional university compelling interest diverse student body must achieved system individual assessment safeguarded entire process constitutional objection goal considering race one modest factor among many others achieve diversity educational institution must ensure sufficient procedures applicant receives individual consideration race become predominant factor admissions decisionmaking law school failed comply requirement means carried burden show otherwise test strict scrutiny refusal apply meaningful strict scrutiny lead serious consequences deferring law schools choice minority admissions programs courts lose talents resources faculties administrators devising new fairer ways ensure individual consideration constant rigorous judicial review forces law school faculties undertake responsibilities state employees sensitive areas utmost fidelity mandate constitution dean allan stillwagon directed law school office admissions explained difficulties encountered defining racial groups entitled benefit school affirmative action policy testified faculty members breathtakingly cynical deciding qualify member underrepresented minorities example offered faculty debate whether cubans counted hispanics one professor objected grounds cubans republicans many academics law schools affirmative action forthright defenders readily concede diversity merely current rationale convenience policy prefer justify grounds schuck affirmative action past present future yale rev citing levinson diversity const rubenfeld affirmative action yale suggest faculty michigan law schools pursue aspirations consider laudable consistent constitutional traditions evidence necessity scrutiny real feigned corrosive category race factor decisionmaking prospective students courts public demand state law schools prove process fair constitutional every phase implementation difficult assess pronouncement admissions programs unnecessary years ante intended mitigate damage concept strict scrutiny neither petitioners rejected law school applicants find solace knowing basic protection put place justice powell suspended full quarter century deference antithetical strict scrutiny consistent interpretation opinion contains mechanism majority abandonment strict scrutiny undermines objective courts apply searching standard admissions schemes force educational institutions seriously explore alternatives contrast willing satisfied law school profession good faith majority admits much take law school word nothing better find admissions formula terminate admissions program soon practicable ante quoting brief respondent bollinger et al universities given latitude administer programs tantamount quotas incentives make existing minority admissions schemes transparent protective individual review unhappy consequence perpetuate hostilities proper consideration race designed avoid perpetuation course worst outcomes programs exist effective bringing harmony mutual respect among citizens constitutional tradition always sought program review model even defaults demanding regrettable important holding allowing racial minorities special circumstances considered order improve educational opportunities accompanied suspension strict scrutiny predicate allowing race considered first place abdicates constitutional duty give strict scrutiny use race university admissions negates authority approve use race pursuit student diversity constitution confer right classify basis race even special context absent searching judicial review reasons though reiterate approval giving appropriate consideration race one context must dissent present case barbara grutter petitioner lee bollinger et al writ certiorari appeals sixth circuit june justice scalia justice thomas joins concurring part dissenting part join opinion chief justice demonstrates university michigan law school mystical critical mass justification discrimination race challenges even gullible mind admissions statistics show sham cover scheme racially proportionate admissions also join parts vii justice thomas opinion find particularly unanswerable central point allegedly compelling state interest issue incremental educational benefit emanates fabled critical mass minority students rather michigan interest maintaining prestige law school whose normal admissions standards disproportionately exclude blacks minorities compelling state interest everything add following educational benefit university michigan seeks achieve racial discrimination consists according understanding ante prepar ation students increasingly diverse workforce society necessary work also good citizenship ante course educational benefit students graded law school transcript works plays well others tested bar examiners describe words less understanding lesson life rather law essentially lesson taught rather learned taught usual sense people three feet shorter twenty years younger adults university michigan law school institutions ranging boy scout troops kindergartens properly considered educational benefit surely one either uniquely relevant law school uniquely teachable formal educational setting therefore appropriate university michigan law school use racial discrimination purpose putting together critical mass convey generic lessons socialization good citizenship surely less appropriate indeed particularly appropriate civil service system state michigan also exposed critical masses certain races presumably become better americans better michiganders better civil servants surely private employers criticized indeed praised also teach good citizenship adult employees patriotic system racial discrimination hiring nonminority individuals deprived legal education civil service job job reason skin color surely understand unlike clear constitutional holding racial preferences state educational institutions impermissible even clear anticonstitutional holding racial preferences state educational institutions ok today split double header seems perversely designed prolong controversy litigation future lawsuits presumably focus whether discriminatory scheme question contains enough evaluation applicant individual ante sufficiently avoids separate admissions tracks ante fall grutter rather gratz focus whether university gone beyond bounds faith zealously pursued critical mass make unconstitutional de facto quota system rather merely permissible goal ante quoting sheet metal workers eeoc concurring part dissenting part lawsuits may focus whether particular setting issue educational benefits flow racial diversity issue contested grutter opinion accords degree deference university academic decisions ante deference imply abandonment abdication judicial review cockrell still suits may challenge bona fides institution expressed commitment educational benefits diversity immunize discriminatory scheme grutter tempting targets one suppose universities talk talk multiculturalism racial diversity courts walk walk tribalism racial segregation campuses student organizations separate minority housing opportunities separate minority student centers even separate graduation ceremonies still suits may claim institution racial preferences gone mystical critical mass finally litigation expected behalf minority groups intentionally short changed institution composition generic minority critical mass look forward cases constitution proscribes government discrimination basis race education exception barbara grutter petitioner lee bollinger et al writ certiorari appeals sixth circuit june justice thomas justice scalia joins parts concurring part dissenting part frederick douglass speaking group abolitionists almost years ago delivered message lost today majority regard colored people always benevolent perceive manifested towards us ask negro benevolence pity sympathy simply justice american people always anxious know shall us one answer beginning nothing us us already played mischief us nothing us apples remain tree strength core early ripe disposed fall let fall negro stand legs let fall also ask give chance stand legs let alone interference positive injury black man wants address delivered boston massachusetts january reprinted frederick douglass papers blassingame mckivigan eds emphasis original like douglass believe blacks achieve every avenue american life without meddling university administrators wish see students succeed whatever color share respect sympathies sponsor type discrimination advanced university michigan law school law school constitution however tolerate institutional devotion status quo admissions policies devotion ripens racial discrimination constitution countenance unprecedented deference gives law school approach inconsistent concept strict scrutiny one argue university set lower general admission standard impose heightened requirements black applicants similarly university may maintain high admission standard grant exemptions favored races law school choosing purposes maintains exclusionary admissions system knows produces racially disproportionate results racial discrimination permissible solution wounds elitist admissions policy majority upholds law school racial discrimination interpreting people constitution responding faddish slogan cognoscenti nevertheless concur part opinion first agree insofar decision approves one racial classification confirms use race admissions remains unlawful second agree holding racial discrimination higher education admissions illegal years see ante stating racial discrimination longer narrowly tailored necessary compelling state interest years respectfully dissent remainder opinion judgment however believe law school current use race violates equal protection clause constitution means thing today months majority agrees law school racial discrimination subjected strict scrutiny ante applying standard case briefly revisit treatment racial classifications strict scrutiny standard purports apply case first enunciated korematsu held ressing public necessity may sometimes justify existence racial discrimination racial antagonism never standard pressing public necessity frequently termed compelling governmental interest see regents univ cal bakke opinion powell majority validated two circumstances pressing public necessity compelling state interest possibly justify racial discrimination state actors first lesson korematsu national security constitutes pressing public necessity though government use race advance objective must narrowly tailored second recognized compelling state interest government effort remedy past discrimination responsible richmond croson contours pressing public necessity discerned interests rejected bases racial discrimination example wygant jackson bd found unconstitutional agreement school board teachers union favored certain minority races school board defended policy grounds minority teachers provided role models minority students racially diverse faculty improve education students see brief respondents pp stevens dissenting integrated faculty able provide benefits student body provided nearly faculty nevertheless found use race violated equal protection clause deeming asserted state interests insufficiently compelling plurality opinion white concurring judgment none interests asserted school board justify racially discriminatory layoff policy even greater governmental interest involves sensitive role courts child custody determinations palmore sidoti held even best interests child constitute compelling state interest allow state award custody father mother marriage finding interest substantial holding custody decision based race mother new husband finally rejected interest remedying general societal discrimination justification race discrimination see wygant supra plurality opinion croson plurality opinion scalia concurring judgment societal discrimination without amorphous basis imposing racially classified remedy uphold remedies ageless reach past timeless ability affect future wygant supra plurality opinion see gratz bollinger ante ginsburg dissenting accepted national security rejected even best interests child justification racial discrimination conclude measures state must take provide bulwark anarchy prevent violence constitute pressing public necessity cf lee washington per curiam black concurring indicating protecting prisoners violence might justify narrowly tailored racial discrimination croson supra scalia concurring judgment least state local action issue social emergency rising level imminent danger life limb justify racial discrimination constitution abhors classifications based race classifications harm favored races based illegitimate motives also every time government places citizens racial registers makes race relevant provision burdens benefits demeans us purchased price immeasurable human suffering equal protection principle reflects nation understanding classifications ultimately destructive impact individual society adarand construction peña thomas concurring part concurring judgment ii unlike majority seek define precision interest asserted law school determining whether interest compelling justify racial discrimination law school maintains wishes obtain educational benefits flow student body diversity brief respondents bollinger et al statement must evaluated carefully implies diversity educational benefits components law school compelling state interest additionally law school refusal entertain certain changes admissions process status indicates compelling state interest seeks validate actually broader might appear first glance undoubtedly ways better education law students aside ensuring student body contains critical mass underrepresented minority students attaining diversity whatever mechanism law school obtains educational benefits end law school however apparently believes racially mixed student body lead educational benefits seeks law school interest allegedly unique educational benefits simply forbidden interest racial balancing ante majority expressly rejects distinction two ideas unique educational benefits based racial aesthetics race sake purely sophistic much majority uses interchangeably compare ante law school compelling interest attaining diverse student body ante referring compelling interest securing educational benefits diverse student body emphasis added law school argument facile understood one way classroom aesthetics yields educational benefits racially discriminatory admissions policies required achieve right racial mix therefore policies required achieve educational benefits educational benefits end allegedly compelling state interest diversity see ante citing need openness integrity educational institutions provide legal ing without reference consequential educational benefits one must also consider law school refusal entertain changes current admissions system might produce educational benefits law school adamantly disclaims alternative reduce academic selectivity turn require law school become different institution sacrifice core part educational mission brief respondents bollinger et al words law school seeks improve marginally education offers without sacrificing much exclusivity elite proffered interest majority vindicates today simply diversity instead upholds use racial discrimination tool advance law school interest offering marginally superior education maintaining elite institution unless constituent part state interest pressing public necessity law school use race unconstitutional find fall far short standard iii close reading opinion reveals legal work done one conclusory statement law school compelling interest securing educational benefits diverse student body ante serious effort made explain benefits fit state interests recognized rejected compelling see part supra place theoretical constraints enterprising desire discover still justifications racial discrimination absence explanation one might expect fall back judicial policy stare decisis eschews even weak defense holding shunning analysis extent justice powell opinion regents univ cal bakke binding ante favor unfounded wholesale adoption justice powell opinion bakke decision today rest fundamentally flawed proposition racial discrimination contextualized goal classroom aesthetics compelling one context another know see approach evaluating state interests capable judicial application today insists radically expanding range permissible uses race something trivial comparison assembling law school class presume majority failure justify decision reference principle arises absence principle see part vi infra proper standard pressing public necessity maintaining public law school follows certainly elite law school likewise marginal improvements legal education qualify compelling state interest legal education public university may good policy otherwise laudable obviously pressing public necessity correct legal standard applied additionally circumstantial evidence whether state activity pressing public necessity obtained asking whether feel compelled engage activity evidence general engage certain activity means demonstrates activity constitutes pressing public necessity given expansive role government today society fact fraction reject particular enterprise however creates presumption enterprise compelling state interest sense absence public american bar association aba accredited law school alaska delaware massachusetts new hampshire rhode island see official guide law schools margolis gordon puskarz rosenlieb eds hereinafter guide provides evidence michigan maintenance law school constitute compelling state interest foregoing makes clear michigan compelling interest law school much less elite one still even assuming state may appropriate circumstances demonstrate cognizable interest elite law school michigan failed limited scope equal protection review interests activities occur within state jurisdiction held missouri ex rel gaines canada missouri satisfy demands separate equal paying legal training blacks neighboring state law schools maintaining segregated law school within state equal protection obligation imposed constitution upon severally governmental entities responsible laws establishing rights duties persons within borders obligation burden cast one state upon another state excused performance another state may fail separate responsibility state within sphere essence statehood maintained dual system emphasis added equal protection clause interpreted gaines permit justify racial discrimination basis rest nation may fail interests satisfy equal protection clause demands found within state jurisdiction cognizable state interests vindicated operating public law school therefore education state citizens training state lawyers james campbell address opening law department university michigan october makes clear concerns state every one reasonable facilities preparing honest position life may aspire also concerns community law taught understood office state serious legal inquiries may frequently arise matters public private rights constantly involved discussed ignorance law frequently led results deplorable alarming history state one instance ignorance led unlawful violence shedding innocent blood brown legal education michigan pp emphasis added law school today however precious little training attorneys serve citizens michigan graduates university michigan law school made less applicants michigan bar michigan lawyers weekly available http internet materials visited june available clerk case file even though law school graduates constitute nearly law students graduating michigan ibid less law school graduating class elects stay michigan law school guide thus mere law school entering class michigan see university michigan law school website available http prospectivestudents half appears stay michigan sum law school trains michigan residents overwhelmingly serves students lawyers leave state michigan contrast michigan public law school wayne state university law school sends graduates serve people michigan guide take social scientist conclude precisely law school status elite institution causes station rest country lawyers rather training ground remain michigan law school decision elite institution little advance welfare people michigan cognizable interest state michigan fact choose maintain elite law schools raises strong inference nothing compelling elite status arguably public law schools university texas university california berkeley boalt hall university virginia maintain reputation excellence law two texas california large reasonably expected provide elite legal training separate law school students fact stay state provide legal services citizens two schools far outshine law school producing lawyers university texas example sends graduates work state texas vindicating state interest compelling training texas lawyers finally even law school racial tinkering produces tangible educational benefits marginal improvement legal education justify racial discrimination law school compelling interest either existence current educational admissions policies iv interest remaining elite exclusive majority thinks obviously critical requires use admissions standards turn create law school need discriminate basis race validates admissions standards concluding alternatives require dramatic sacrifice academic quality admitted students ante need considered racial discrimination majority view methods required narrow tailoring prong strict scrutiny inquiry demands context alternative work well ante quoting wygant majority errs however alternatives must workable ante well vindicating compelling state interest never explicitly holds law school desire retain status quo academic selectivity compelling state interest demonstrated see part supra therefore law school forced choose classroom aesthetic exclusionary admissions system ways adoption different admissions methods accepting students meet minimum qualifications see brief amicus curiae law school achieve vision racially aesthetic student body without use racial discrimination law school concedes holds implicitly guise narrow tailoring law school compelling state interest wants agree first strict scrutiny law school assessment benefits racial discrimination devotion admissions status quo entitled sort deference grounded first amendment anywhere else second even academic selectivity must maintained costs along racial discrimination ignores fact top law schools succeeded meeting aesthetic demands without racial discrimination bases unprecedented deference law school deference antithetical strict scrutiny idea educational autonomy grounded first amendment ante view basis right public universities otherwise violate equal protection clause constitutionalization academic freedom began concurring opinion justice frankfurter sweezy new hampshire sweezy marxist economist investigated attorney general new hampshire suspicion subversive prosecution sought inter alia contents lecture sweezy given university new hampshire held investigation violated due process justice frankfurter went however reasoning first amendment created right academic freedom prohibited investigation opinion concurring result much rhetoric justice frankfurter opinion devoted personal right sweezy free speech see citizen made forgo even part basic liberty political autonomy subordinating interest state must compelling still claiming reports need burdened proof justice frankfurter also asserted free society depends free universities means exclusion governmental intervention intellectual life university according justice frankfurter business university provide atmosphere conducive speculation experiment creation atmosphere prevail four essential freedoms university determine academic grounds may teach may taught shall taught may admitted study citation omitted view business explain cites provisions constitution invent new doctrines including idea first amendment authorizes public university otherwise violate equal protection clause majority fails summary effort prove point source conclusion public universities entitled deference even within confines strict scrutiny justice powell opinion bakke justice powell part relied justice frankfurter opinion sweezy decision keyishian board regents univ state support view first amendment somehow protected public university use race admissions bakke keyishian provides answer question whether fourteenth amendment restrictions relaxed applied public universities case held state statutes regulations designed prevent appointment retention persons state employment violated first amendment vagueness statutes covered public employees invalidated applied university faculty members although appeared sympathetic notion academic freedom calling special concern first amendment however relax independent constitutional restrictions public universities doubt justice frankfurter spoke governmental intrusions independence universities thinking constitution ban racial discrimination majority broad deference law school judgment racial aesthetics leads educational benefits stubborn refusal alter status quo admissions methods finds basis constitution decisions deference law school conclusion racial experimentation leads educational benefits adhered serious collateral consequences relies heavily social science evidence justify deference see ante see also rothman lipset nevitte racial diversity reconsidered public interest finding racial mix student body produced racial discrimination type practiced law school fact hinders students perception academic quality never acknowledges however growing evidence racial sorts heterogeneity actually impairs learning among black students see flowers pascarella cognitive effects college racial composition african american students years college college student development concluding black students experience superior cognitive development historically black colleges hbcs even among blacks substantial diversity moderates cognitive effects attending hbc allen color success college student outcomes predominantly white historically black public colleges universities harv educ rev finding black students attending hbcs report higher academic achievement attending predominantly white colleges oral argument gratz bollinger ante counsel respondents stated every single one hbcs diverse student bodies tr oral arg precisely counsel meant diverse indeterminate reported morehouse college one distinguished hbc nation student body white hispanic college admissions data handbook ed hereinafter college admissions data handbook mississippi valley state university public hbc freshman class white critical mass whites institutions critical mass indeed small proportion majority grants deference law school assessment diversity fact yield educational benefits ante follows therefore hbc assessment racial homogeneity yield educational benefits similarly given hbc rejection white applicants order maintain racial homogeneity seems permissible therefore majority view equal protection clause see fordice thomas concurring obviously state maintain traditions closing particular institutions historically white historically black particular racial groups contained within today majority opinion seed new constitutional justification concept thought long rightly rejected racial segregation moreover one think light decision virginia given license use racial discrimination law school required radically reshape admissions process even point sacrificing elements character virginia majority without word academic freedom accepted virginia military institute vmi representation changes adversative method education required admission women defer vmi judgment changes great instead concluded manageable case involved sex discrimination subjected intermediate strict scrutiny craig boren virginia standard review dictated greater flexibility granted vmi educational policies law school deserves gave deference apparently status quo defended elite establishment law school rather less fashionable southern military institution defer without serious inquiry without regard applicable legal standard virginia also notable fact relied experience formerly institutions service academies conclude admission women vmi manageable today however majority ignores experience institutions forced abandon explicit racial discrimination admissions sky fallen boalt hall university california berkeley example prior proposition adoption cal art bars state grant ing preferential treatment basis race operation public education boalt hall enrolled blacks hispanics class without deploying express racial discrimination admissions boalt entering class enrolled blacks university california law medical school enrollments available http total underrepresented minority student enrollment boalt hall exceeds levels apparently law school counted resourceful willfully blind real experience california elsewhere raises inference institutions reputation excellence ante rivaling law school satisfied sense mission without resorting prohibited racial discrimination putting aside absence legal support majority reflexive deference much said view use tests measures predict academic performance poor substitute system gives every applicant chance prove succeed study law rallying cry absence racial discrimination admissions true meritocracy ignores fact entire process poisoned numerous exceptions merit example national debate racial discrimination higher education admissions much made fact elite institutions utilize legacy preference give children alumni advantage admissions exceptions true meritocracy give lie protestations merit admissions fact order day nation universities equal protection clause however prohibit use unseemly legacy preferences many kinds arbitrary admissions procedures equal protection clause prohibit classifications made basis race legacy preferences stand constitution racial discrimination twist constitution invalidate legacy preferences otherwise impose vision higher education admissions nation majority similarly stay impulse validate faddish racial discrimination constitution clearly forbids event nothing ancient honorable constitutionally protected selective admissions university michigan well aware alternative methods historically used admission students brought country german certificate system century see wechsler qualified student hereinafter qualified student system secondary school certified university graduate completed course offered school offered admission university certification regime supplemented later virtually replaced least midwest prior regime rigorous entrance examinations facially percent plans used texas california florida see ante many ways descendents certificate system certification replaced selective admissions beginning century universities sought exercise control composition student bodies since inception selective admissions vehicle racial ethnic religious tinkering experimentation university administrators initial driving force relocation selective function high school universities desire select racial winners losers law school exhibits today columbia harvard others infamously determined many jews today law school argues many whites discriminate admissions process see qualified student columbia broun britt christians study prejudice harvard columbia employed intelligence tests precisely jewish applicants predominantly immigrants scored worse tests thus columbia claim falsely eliminated boys jews propose honestly attempted eliminate lowest grade applicant use intelligence testing turns good many low grade men new york city jews letter herbert hawkes dean columbia college wilson june reprinted qualified student words tests adopted full knowledge disparate impact cf defunis odegaard per curiam douglas dissenting similarly modern law school claim ignorance poor performance blacks relatively speaking law school admissions test lsat nevertheless law schools continue use test attempt correct black underperformance using racial discrimination admissions obtain aesthetic student body law school continued adherence measures knows produce racially skewed results entitled deference see part iv supra law school admits test imperfect must given regularly admits students score national median test see app showing law school admitted students black underrepresented minorities lsat scores lower law school amici seem agree fundamental question whether test useful compare brief law school admission council amicus curiae lsat scores effective predictor students performance law school brief harvard black law students association et al amici curiae whether lsat measure objective merit certainly questionable decided use lsat law school must accept constitutional burdens come decision law school may freely continue employ lsat allegedly standards whatever fashion likes equal protection clause forbids today allows use standards racial discrimination infinite variety admissions methods available law school considering radical thinking historically occurred country universities law school intractable approach toward admissions striking even deign make law school try methods however preferring instead grant license violate constitution courage order desegregation public schools south fears basis platitudes rather principle force law school abandon decidedly imperfect admissions regime provides basis racial discrimination vi absence articulated legal principle supporting majority principal holding suggests another rationale believe lies beneath decision today benighted notions one tell racial discrimination benefits rather hurts minority groups see adarand scalia concurring part concurring judgment racial discrimination necessary remedy general societal ills precedents supposedly settled issues clearly majority still commit principle racial classifications per se harmful almost amount benefit eye beholder justify classifications putting aside take implicit rejection adarand holding beneficial burdensome racial classifications equally invalid must contest notion law school discrimination benefits admitted result spends considerable time discussing impressive display amicus support law school case corners society ante nowhere filings evidence purported beneficiaries racial discrimination prove performing even near level students receive preferences cf thernstrom thernstrom reflections shape river ucla rev discussing failure defenders racial discrimination admissions consider fact beneficiaries underperforming classroom silence case deafening us view higher education purpose imparting knowledge skills students rather communal credentialing process law school looking students despite lower lsat score undergraduate grade point average succeed study law law school seeks facade sufficient class looks right even perform right law school tantalizes unprepared students promise university michigan degree opportunities offers overmatched students take bait find succeed cauldron competition mismatch crisis restricted elite institutions see sowell race culture even minority students able meet normal standards range colleges universities systematic mismatching minority students begun top mean students generally overmatched throughout levels higher education indeed cover tracks aestheticists cruel farce racial discrimination must continue selection michigan law review see university michigan law school student handbook pp noting presence diversity plan admission review hiring law firms judicial clerkships beneficiaries longer tolerated students may graduate law degrees evidence received qualitatively better legal education become better lawyers gone less elite law school better prepared aestheticists never address real problems facing underrepresented minorities instead continuing social experiments people children beyond harm law school racial discrimination visits upon test subjects social science disproved notion discrimination engender attitudes superiority alternatively provoke resentment among believe wronged government use race adarand thomas concurring part concurring judgment programs stamp minorities badge inferiority may cause develop dependencies adopt attitude preferences ibid uncontested year law school admits handful blacks admitted absence racial discrimination see brief respondents bollinger et al differentiate belong majority blacks admitted law school discrimination policy tarred undeserving problem stigma depend determinacy whether stigmatized actually beneficiaries racial discrimination blacks take positions highest places government industry academia open question today whether skin color played part advancement question stigma either racial discrimination play role case person may deemed otherwise unqualified case asking question unfairly marks blacks succeed without discrimination means visibly open ante finally disturbing reference importance country law schools training grounds meant cultivate set leaders legitimacy eyes citizenry use racial discrimination deserves discussion noted earlier soundly rejected remedying societal discrimination justification governmental use race wygant plurality opinion croson plurality opinion scalia concurring judgment believe every racial disproportionality society caused kind racial discrimination distinction remedying societal discrimination erasing racial disproportionalities country leadership caste lack proportional racial sentation among leaders caused societal discrimination fixing even less pressing public necessity civics lesson presents yet another example judicial selection theory political representation based skin color endeavor previously rejected see holder hall thomas concurring judgment majority appears believe broader utopian goals justify law school use race equal protection clause commands elimination racial barriers creation order satisfy theory society organized defunis douglas dissenting vii foregoing makes clear believe opinion respects erroneous however find two points agree first note issue unconstitutional racial discrimination among groups law school prefers presented case petitioner never argued law school engages practice law school maintains see brief respondents bollinger et al join opinion insofar confirms type racial discrimination remains unlawful ante today decision still case racial discrimination help university enroll unspecified number critical mass underrepresented minority students unconstitutional thus law school may discriminate admissions similarly situated blacks hispanics whites asians preferring black hispanic applicants instance nothing interest recognized majority indeed majority describes racial balancing patently unconstitutional ante like ante express opinion whether law school current admissions program runs afoul prohibition also holds racial discrimination admissions given another years deemed longer narrowly tailored law school fabricated compelling state interest ante agree years practices law school illegal reasons given illegal majority rest time limitation evidence gap credentials black white students shrinking gone recent years virtually change example proportion law school applicants lsat scores higher blacks constituted law school applicants score range though represented applicants law school admission council national statistical report hereinafter lsac statistical report comparable numbers lsac statistical report one seriously contend racial gap academic credentials disappear years holding racial discrimination unconstitutional years made contingent gap closing indeed existence racial discrimination type practiced law school may impede narrowing lsat testing gap applicant lsat score improve dramatically preparation preparation cost must sufficient benefits attached improved score justify additional study whites scoring lsat routinely rejected law school thus whites aspiring admission law school every incentive improve score levels range see app showing white applicants rejected scoring range blacks hand nearly guaranteed admission score showing black applicants accepted lsat scores admission prospects approach certainty incentive black applicant continue prepare lsat reasonably assured achieving requisite score far certain lsat behavior responsive law school admissions nevertheless possibility remains racial discrimination help fulfill bigot prophecy black underperformance confirms conspiracy theorist belief institutional racism fault every racial disparity society therefore understand imposition time limit holding deference pays law school educational judgments refusal change admissions policies expire point policies clearly failed perceived need racial discrimination academic credentials gap still ante quoting nathanson bartnika constitutionality preferential treatment minority applicants professional schools chicago bar rec defines time limit terms narrow tailoring see ante believe arises refusal define rigorously broad state interest vindicated today cf part ii supra observations join last sentence part iii opinion immediate future however majority placed imprimatur practice weaken principle equality embodied declaration independence equal protection clause constitution neither knows tolerates classes among citizens plessy ferguson harlan dissenting nearly years since frederick douglass asked intellectual ancestors law school nothing us nation adopted fourteenth amendment must wait another years see principle equality vindicated therefore respectfully dissent remainder opinion judgment footnotes explains admissions policy challenged survives review standards stated adarand constructors inc peña richmond croson justice powell opinion regents univ cal bakke case therefore require revisit whether governmental classifications race whether designed benefit burden historically disadvantaged group subject standard judicial review cf gratz ante ginsburg dissenting adarand ginsburg dissenting case necessitate reconsideration whether interests student body diversity ante rank sufficiently important justify government program cf gratz ante ginsburg dissenting adarand ginsburg dissenting footnotes indeed time period enrollment native american students dropped low three students assertion small group constituted critical mass native americans simply absurd footnotes part vii justice thomas opinion describes portions opinion concur see post footnotes throughout use two phrases interchangeably refusal address wygant rejection state interest virtually indistinguishable presented law school perplexing defers law school judgment racially mixed student body confers educational benefits wygant defer school board judgment respect benefits racially mixed faculty confers iversity devotees fashionable catchphrase useful term especially something serious racial discrimination issue equal protection clause renders color one skin constitutionally irrelevant law school mission refer law school interest aesthetic law school wants certain appearance shape desks tables classrooms color students sitting also use term aesthetic believe underlines ineffectiveness racially discriminatory admissions actually helping truly underprivileged cf orr orr noting suspect classifications especially impermissible choice made state appears redound benefit without need special solicitude must remembered law school racial discrimination nothing poor uneducated participate elite higher education therefore presents illusory solution challenges facing nation law school believes educational benefits racially engineered student body large adjusting overall admissions standards achieve racial mix require sacrifice elite status law school correct educational benefits diversity great achieving altering admissions standards compromise elite status law school reluctance suggests educational benefits alleges significant exist cf news world report america best graduate schools ed placing schools uppermost nation refers component law school compelling state interest variously academic quality avoiding sacrifice vital component educational mission academic selectivity ante example north carolina state university currently white college admissions data handbook seek reduce representation whites order gain additional educational benefits cal art full state shall discriminate grant preferential treatment individual group basis race sex color ethnicity national origin operation public employment public education public contracting see coalition economic equity wilson given incredible deference law school receives think appropriate indulge presumption boalt hall operates without violating california law courage forbid use racial discrimination admissions legacy preferences similar practices might quickly become less popular possibility lost certain elites individual institutional supporting law school case example recognition law school case even racial discrimination place black men underrepresented law school see guide reporting law school black women black men law school also discriminate favor black men black women given underrepresentation answer law school cares image among elites solving real problems like crisis black male underperformance interest depends enrolling critical mass underrepresented minority students majority repeatedly ante cf ante referring unique experience racial minority opposed black native american ante rejecting argument law school maintains disguised quota referring total number enrolled underrepresented minority students specific races relates law school racial discrimination clearly approves one use race distinction underrepresented minority applicants races relative preference awarded black applicant example similarly situated native american applicant lead enrollment even one underrepresented minority student balances races within critical mass agree justice ginsburg holding racial discrimination admissions illegal years based upon forecast post concurring opinion agree justice ginsburg characterization holding expression hope ibid use score benchmark law school feels relevant score range applicant consideration absent race discrimination see brief respondents bollinger et al app pet cert showing median lsat score accepted applicants showing median lsat score accepted applicants years university michigan law school website available http showing median lsat score accepted applicants majority non sequitur observation since number blacks scored upper ranges lsat grown ante says nothing current trends first black participation lsat early lagged behind black representation general population instance law school applicants black whereas law school applicants black see lsac statistical reports today however unless blacks begin applying law school proportions greater representation general population growth absolute numbers high scoring blacks expected plateau black applicants law school lsat scores number see lsac statistical reports use lsat example incentive structure place admissions criteria including undergraduate grades minorities consistently admitted thresholds significantly lower whites