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kennedy
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ginsburg
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university
texas
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al
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texas
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mississippi
univ
women
hogan
district
appeals
confined
strict
scrutiny
inquiry
narrow
way
deferring
university
good
faith
use
racial
classifications
affirming
grant
summary
judgment
basis
vacates
judgment
fairness
litigants
courts
heard
case
requires
remanded
admissions
process
considered
judged
correct
analysis
see
adarand
supra
unlike
grutter
decided
trial
case
arises
summary
judgment
case
similar
cases
determining
whether
summary
judgment
favor
university
appropriate
appeals
must
assess
whether
university
offered
sufficient
evidence
prove
admissions
program
narrowly
tailored
obtain
educational
benefits
diversity
whether
record
simple
assurances
good
intention
croson
supra
sufficient
question
appeals
first
instance
strict
scrutiny
must
theory
fatal
fact
adarand
supra
see
also
grutter
supra
opposite
also
true
strict
scrutiny
must
strict
theory
feeble
fact
order
judicial
review
meaningful
university
must
make
showing
plan
narrowly
tailored
achieve
interest
approved
context
benefits
student
body
diversity
encompasses
broa
array
qualifications
characteristics
racial
ethnic
origin
single
though
important
element
bakke
opinion
powell
judgment
appeals
vacated
case
remanded
proceedings
consistent
opinion
ordered
justice
kagan
took
part
consideration
decision
case
scalia
concurring
abigail
noel
fisher
petitioner
university
texas
austin
et
al
writ
certiorari
appeals
fifth
circuit
june
justice
scalia
concurring
adhere
view
expressed
grutter
bollinger
constitution
proscribes
government
discrimination
basis
race
education
exception
opinion
concurring
part
dissenting
part
petitioner
case
ask
us
overrule
grutter
holding
compelling
interest
educational
benefits
diversity
justify
racial
preferences
university
admissions
tr
oral
arg
therefore
join
opinion
full
thomas
concurring
abigail
noel
fisher
petitioner
university
texas
austin
et
al
writ
certiorari
appeals
fifth
circuit
june
justice
thomas
concurring
join
opinion
agree
appeals
apply
strict
scrutiny
university
texas
austin
university
use
racial
discrimination
admissions
decisions
ante
write
separately
explain
overrule
grutter
bollinger
hold
state
use
race
higher
education
admissions
decisions
categorically
prohibited
equal
protection
clause
fourteenth
amendment
provides
state
shall
deny
person
equal
protection
laws
equal
protection
clause
guarantees
every
person
right
treated
equally
state
without
regard
race
heart
guarantee
lies
principle
government
must
treat
citizens
individuals
members
racial
ethnic
religious
groups
missouri
jenkins
thomas
concurring
reason
must
subject
racial
classifications
strictest
scrutiny
strict
scrutiny
racial
classifications
categorically
prohibited
unless
compelling
governmental
narrowly
tailored
end
johnson
california
quoting
grutter
supra
exacting
standard
proven
automatically
fatal
almost
every
case
jenkins
supra
thomas
concurring
rightly
purchased
price
immeasurable
human
suffering
equal
protection
principle
reflects
nation
understanding
racial
classifications
ultimately
destructive
impact
individual
society
adarand
constructors
peña
thomas
concurring
part
concurring
judgment
constitution
abhors
classifications
based
race
every
time
government
places
citizens
racial
registers
makes
race
relevant
provision
burdens
benefits
demeans
us
grutter
supra
thomas
concurring
part
dissenting
part
first
articulated
standard
korematsu
held
ressing
public
necessity
may
sometimes
justify
existence
racial
discrimination
racial
antagonism
never
aside
grutter
recognized
two
instances
ressing
public
necessity
may
justify
racial
discrimination
government
first
korematsu
recognized
protecting
national
security
may
satisfy
exacting
standard
case
upheld
evacuation
order
directed
persons
japanese
ancestry
grounds
nation
war
japan
order
definite
close
relationship
prevention
espionage
sabotage
second
recognized
government
compelling
interest
remedying
past
discrimination
responsible
stressed
government
wishing
use
race
must
provide
basis
evidence
conclusion
remedial
action
necessary
richmond
croson
quoting
wygant
jackson
bd
plurality
opinion
contrast
compelling
interests
may
narrow
set
circumstances
justify
racial
discrimination
frequently
found
asserted
interests
insufficient
example
palmore
sidoti
flatly
rejected
claim
best
interests
child
justified
government
racial
discrimination
case
state
awarded
custody
child
father
mother
marriage
state
believed
child
might
stigmatized
living
household
sought
avoid
perceived
problem
custody
determination
acknowledged
possibility
stigma
nevertheless
concluded
reality
private
biases
possible
injury
might
inflict
justify
racial
discrimination
explained
constitution
control
prejudices
neither
tolerate
private
biases
may
outside
reach
law
law
directly
indirectly
give
effect
ibid
two
years
later
wygant
supra
held
even
asserted
interests
remedying
societal
discrimination
providing
role
models
minority
students
justify
governmentally
imposed
racial
discrimination
case
agreement
school
board
teacher
union
favored
teachers
american
indian
oriental
spanish
descendancy
plurality
opinion
rejected
interest
remedying
societal
discrimination
logical
stopping
point
similarly
rebuffed
inadequate
interest
providing
role
models
minority
students
added
notion
black
students
better
black
teachers
lead
system
rejected
brown
board
education
ibid
grutter
radical
departure
precedents
grutter
university
michigan
law
school
law
school
claimed
compelling
reason
discriminate
based
race
reason
advanced
concern
protecting
national
security
remedying
past
discrimination
instead
law
school
argued
needed
discriminate
admissions
decisions
order
obtain
educational
benefits
flow
diverse
student
body
contrary
meaning
strict
scrutiny
deferred
law
school
determination
interest
sufficiently
compelling
justify
racial
discrimination
dissented
part
decision
explained
measures
state
must
take
provide
bulwark
anarchy
prevent
violence
constitute
public
sufficient
satisfy
strict
scrutiny
cf
lee
washington
black
concurring
protecting
prisoners
violence
might
justify
narrowly
tailored
discrimination
croson
supra
scalia
concurring
judgment
least
state
local
action
issue
social
emergency
rising
level
imminent
danger
life
limb
justify
racial
discrimination
adhere
view
today
obvious
nothing
pressing
necessary
obtaining
whatever
educational
benefits
may
flow
racial
diversity
ii
university
claims
district
found
compelling
interest
attaining
diverse
student
body
educational
benefits
flowing
diversity
brief
respondents
use
conjunction
implies
university
believes
discrimination
furthers
two
distinct
interests
first
interest
attaining
diversity
sake
second
interest
attaining
educational
benefits
allegedly
flow
diversity
attaining
diversity
sake
nonstarter
even
grutter
recognized
pursuit
diversity
end
nothing
impermissible
racial
balancing
law
school
interest
simply
assure
within
student
body
specified
percentage
particular
group
merely
race
ethnic
origin
amount
outright
racial
balancing
patently
unconstitutional
quoting
regents
univ
cal
bakke
citation
omitted
see
also
preferring
members
one
group
reason
race
ethnic
origin
discrimination
sake
constitution
forbids
rather
diversity
means
university
obtains
educational
benefits
end
pursued
sake
therefore
educational
benefits
allegedly
produced
diversity
must
rise
level
compelling
state
interest
order
program
survive
strict
scrutiny
unfortunately
university
educational
benefits
flowing
student
body
diversity
assuming
exist
hardly
qualify
compelling
state
interest
indeed
argument
educational
benefits
justify
racial
discrimination
advanced
support
racial
segregation
emphatically
rejected
alleged
educational
benefits
segregation
insufficient
justify
racial
discrimination
see
brown
board
education
alleged
educational
benefits
diversity
justify
racial
discrimination
today
desegregation
cases
establish
constitution
prohibits
public
schools
discriminating
based
race
even
discrimination
necessary
schools
survival
davis
school
bd
prince
edward
decided
brown
supra
school
board
argued
found
segregation
unconstitutional
white
students
migrate
private
schools
funding
public
schools
decrease
public
schools
either
decline
quality
cease
exist
altogether
brief
appellees
davis
school
bd
prince
edward
hereinafter
brief
appellees
davis
virginians
longer
permit
sizeable
appropriations
schools
either
state
local
level
private
segregated
schools
greatly
increased
number
masses
people
white
negro
suffer
terribly
white
parents
withdraw
children
public
schools
result
program
providing
better
schools
abandoned
internal
quotation
marks
omitted
true
victims
desegregation
school
board
asserted
black
students
unable
afford
private
school
see
ith
demise
segregation
education
virginia
receive
serious
setback
suffer
negroes
large
economically
less
able
afford
private
school
tr
oral
arg
davis
school
bd
prince
edward
worst
opinion
impair
public
school
system
virginia
victims
children
races
think
negro
race
worse
white
race
negro
race
needs
virtue
disadvantages
labored
proposition
negro
profit
procures
immediate
detailed
decree
impairs
mars
destroys
public
school
system
prince
edward
county
unmoved
argument
held
segregation
violates
principle
equality
enshrined
fourteenth
amendment
see
brown
supra
field
public
education
doctrine
equal
place
separate
educational
facilities
inherently
unequal
see
also
allen
school
bd
prince
edward
per
curiam
fact
schools
might
closed
order
enforced
reason
enforcing
person
may
denied
enforcement
rights
entitled
constitution
action
taken
threatened
defiance
rights
within
matter
years
warning
became
reality
ordered
desegregate
prince
edward
county
closed
public
schools
summer
fall
see
sarratt
ordeal
desegregation
despite
fact
never
backed
rigid
enforcement
equal
protection
clause
antidiscrimination
principle
case
course
texas
alleged
university
close
prohibited
discriminating
based
race
even
foregoing
cases
make
clear
even
consequence
justify
use
racial
discrimination
follows
fortiori
putative
educational
benefits
student
body
diversity
justify
racial
discrimination
state
compelling
interest
existence
university
certainly
compelling
interest
supposed
benefits
might
accrue
university
racial
discrimination
see
grutter
opinion
thomas
marginal
improvement
legal
education
justify
racial
discrimination
law
school
compelling
interest
either
existence
current
educational
admissions
policies
actually
applying
strict
scrutiny
require
texas
either
close
university
stop
discriminating
applicants
based
race
put
schools
choice
reason
treat
university
differently
also
noteworthy
desegregation
cases
rejected
arguments
virtually
identical
advanced
university
today
university
asserts
instance
diversity
obtained
discriminatory
admissions
program
prepares
students
become
leaders
diverse
society
see
brief
respondents
arguing
student
body
diversity
prepares
students
become
next
generation
leaders
increasingly
diverse
society
segregationists
likewise
defended
segregation
ground
provided
leadership
opportunities
blacks
see
brief
respondents
sweatt
large
group
northern
negroes
comes
south
attend
separate
colleges
suggesting
negro
secure
college
life
mixed
college
separate
college
offers
positive
advantages
normal
social
life
negro
separate
college
greater
opportunity
full
participation
development
leadership
negro
inwardly
college
people
brief
appellees
davis
negro
child
gets
opportunity
participate
segregated
schools
never
seen
accorded
schools
important
holds
offices
accepted
fellows
athletic
teams
full
place
internal
quotation
marks
omitted
argument
unavailing
irrelevant
fourteenth
amendment
whether
segregated
mixed
schools
produce
better
leaders
indeed
today
accept
suggestion
segregation
permissible
historically
black
colleges
produced
booker
washington
thurgood
marshall
martin
luther
king
prominent
leaders
likewise
university
racial
discrimination
justified
ground
produce
better
leaders
university
also
asserts
student
body
diversity
improves
interracial
relations
see
brief
respondents
arguing
student
body
diversity
promotes
understanding
breaks
racial
ethnic
stereotypes
argument
university
repeats
arguments
marshaled
support
segregation
see
brief
appellees
davis
virginia
established
segregation
certain
fields
part
public
policy
prevent
violence
reduce
resentment
result
view
overwhelming
virginia
majority
improve
relationship
different
races
segregation
stricken
general
welfare
definitely
harmed
friction
developed
internal
quotation
marks
omitted
brief
respondents
sweatt
texas
serious
breaches
peace
recent
years
connection
schools
separation
races
kept
conflicts
minimum
legislative
acts
based
belief
best
way
provide
education
races
knowledge
separate
schools
necessary
keep
public
support
public
schools
upon
necessity
maintain
public
peace
harmony
welfare
brief
appellees
briggs
southern
negro
large
want
end
segregation
southern
white
man
negro
south
knows
discriminations
worse
multiply
event
internal
quotation
marks
omitted
flatly
rejected
line
arguments
mclaurin
oklahoma
state
regents
higher
held
segregation
unconstitutional
even
white
students
never
tolerated
blacks
may
argued
appellant
better
position
restrictions
removed
may
still
set
apart
fellow
students
think
irrelevant
vast
difference
constitutional
difference
restrictions
imposed
state
prohibit
intellectual
commingling
students
refusal
individuals
commingle
state
presents
bar
thus
entirely
irrelevant
whether
university
racial
discrimination
increases
decreases
tolerance
finally
university
admits
racial
discrimination
admissions
ideal
asserts
temporary
necessity
enduring
race
consciousness
society
see
brief
respondents
certainly
aspire
colorblind
society
race
matter
texas
america
highest
aspirations
yet
yet
university
echoes
hollow
justifications
advanced
segregationists
see
brief
state
kansas
reargument
brown
board
education
grant
segregation
may
ethical
political
ideal
time
recognize
practical
considerations
may
prevent
realization
ideal
brief
respondents
sweatt
racial
consciousness
feeling
exists
today
minds
many
people
may
regrettable
unjustified
yet
reality
must
dealt
state
preserve
harmony
peace
time
furnish
equal
education
groups
mores
racial
relationships
rule
present
least
possibility
admitting
white
persons
negroes
brief
appellees
briggs
unwise
administrative
practice
mix
two
races
schools
present
time
present
conditions
brief
appellees
reargument
briggs
elliott
cognizant
fact
mankind
struggled
race
problems
racial
tensions
upwards
sixty
centuries
arguments
unavailing
fourteenth
amendment
views
racial
bigotry
evil
stamped
excuse
perpetual
racial
tinkering
state
see
defunis
odegaard
douglas
dissenting
equal
protection
clause
commands
elimination
racial
barriers
creation
order
satisfy
theory
society
organized
university
arguments
effect
similarly
insufficient
justify
university
arguments
today
persuasive
years
ago
nevertheless
despite
rejecting
identical
arguments
brown
grutter
deferred
university
determination
diversity
obtained
racial
discrimination
yield
educational
benefits
principled
distinction
university
assertion
diversity
yields
educational
benefits
segregationists
assertion
segregation
yielded
benefits
see
grutter
opinion
thomas
contained
within
today
majority
opinion
seed
new
constitutional
justification
concept
thought
long
rightly
rejected
racial
segregation
educational
benefits
far
cry
truly
compelling
state
interests
previously
required
justify
use
racial
classifications
view
constitution
one
advanced
plaintiffs
brown
state
authority
clause
fourteenth
amendment
use
race
factor
affording
educational
opportunities
among
citizens
tr
oral
arg
brown
board
education
see
also
juris
statement
davis
school
bd
prince
edward
take
unqualified
position
fourteenth
amendment
totally
stripped
state
power
make
race
color
basis
governmental
action
brief
appellants
brown
board
education
fourteenth
amendment
precludes
state
imposing
distinctions
classifications
based
upon
race
color
alone
brief
appellants
nos
respondents
reargument
brown
board
education
constitution
color
blind
dedicated
belief
constitution
pander
faddish
theories
whether
race
mixing
public
interest
equal
protection
clause
strips
authority
use
race
factor
providing
education
applicants
must
treated
equally
law
benefit
eye
beholder
justify
racial
discrimination
principle
neither
new
difficult
understand
decades
plessy
iowa
held
schools
may
discriminate
applicants
based
skin
color
clark
board
directors
iowa
school
denied
admission
student
black
public
sentiment
opposed
intermingling
white
colored
children
schools
iowa
rejected
flimsy
justification
holding
youths
equal
law
discretion
vested
board
elsewhere
interfere
disturb
equality
courts
sustain
board
school
directors
limiting
rights
privileges
persons
reason
race
sanction
plain
violation
spirit
laws
tend
perpetuate
national
differences
people
stimulate
constant
strife
war
races
simple
yet
fundamental
truth
lost
plessy
grutter
overrule
grutter
hold
university
admissions
program
violates
equal
protection
clause
university
put
forward
compelling
interest
possibly
justify
racial
discrimination
iii
find
theory
advanced
university
justify
racial
discrimination
facially
inadequate
also
believe
use
race
little
alleged
educational
benefits
diversity
suspect
university
program
instead
based
benighted
notion
possible
tell
discrimination
helps
rather
hurts
racial
minorities
see
post
ginsburg
dissenting
overnment
actors
including
state
universities
need
blind
lingering
effects
overtly
discriminatory
past
legacy
istory
teach
greater
humility
metro
broadcasting
fcc
dissenting
worst
forms
racial
discrimination
nation
always
accompanied
representations
discrimination
helped
minorities
slaveholders
argued
slavery
positive
good
civilized
blacks
elevated
every
dimension
life
see
calhoun
speech
senate
finkelman
defending
slavery
never
black
race
central
africa
dawn
history
present
day
attained
condition
civilized
improved
physically
morally
intellectually
relation
existing
slaveholding
two
races
instead
evil
good
positive
good
harper
memoir
slavery
ideology
slavery
faust
ed
slavery
said
eloquent
article
published
southern
periodical
work
done
elevate
degraded
race
scale
humanity
tame
savage
civilize
barbarous
soften
ferocious
enlighten
ignorant
spread
blessings
hristianity
among
heathen
missionaries
philanthropy
religion
ever
sent
hammond
mudsill
speech
defending
slavery
supra
elevated
condition
god
first
created
made
slaves
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research
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thomas
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losing
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however
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opinion
ginsburg
dissenting
abigail
noel
fisher
petitioner
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texas
austin
et
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certiorari
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fifth
circuit
june
justice
ginsburg
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hb
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plocienniczak
pennsylvania
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cnn
http
us
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june
available
clerk
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file
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