gratz et al bollinger et argued april decided june petitioners gratz hamacher michigan residents caucasian applied admission university michigan university college literature science arts lsa respectively although lsa considered gratz well qualified hamacher within qualified range denied early admission ultimately denied admission order promote consistency review many applications received university office undergraduate admissions oua uses written guidelines academic year guidelines changed number times period relevant litigation oua considers number factors making admissions decisions including high school grades standardized test scores high school quality curriculum strength geography alumni relationships leadership race relevant periods university considered hispanics native americans underrepresented minorities undisputed university admits virtually every qualified applicant groups current guidelines use selection method every applicant underrepresented racial ethnic minority group automatically awarded points needed guarantee admission petitioners filed class action alleging university use racial preferences undergraduate admissions violated equal protection clause fourteenth amendment title vi civil rights act sought compensatory punitive damages past violations declaratory relief finding respondents violated rights nondiscriminatory treatment injunction prohibiting respondents continuing discriminate basis race order requiring lsa offer hamacher admission transfer student district granted petitioners motion certify class consisting individuals applied denied admission lsa academic year forward members racial ethnic groups respondents treated less favorably basis race hamacher whose claim found challenge racial discrimination classwide basis designated class representative summary judgment respondents relied justice powell principal opinion regents univ cal bakke expressed view consideration race factor admissions might cases serve compelling government interest respondents contended lsa interest educational benefits result racially ethnically diverse student body program narrowly tailored serve interest agreed respondents lsa current admissions guidelines granted summary judgment respect however also found lsa admissions guidelines operated functional equivalent quota running afoul justice powell bakke opinion thus granted petitioners summary judgment respect respondents admissions programs years interlocutory appeals pending sixth circuit issued opinion grutter bollinger post upholding admissions program used university law school granted certiorari cases even though sixth circuit yet rendered judgment one held petitioners standing seek declaratory injunctive relief rejects justice stevens contention hamacher actually apply admission transfer student future injury claim best conjectural hypothetical rather real immediate injury fact necessary establish standing type case denial equal treatment resulting imposition barrier ultimate inability obtain benefit northeastern chapter associated gen contractors america jacksonville face barrier establish standing party need demonstrate able ready perform discriminatory policy prevents equal basis ibid bringing equal protection challenge university use race undergraduate admissions hamacher alleged university denied opportunity compete admission equal basis hamacher denied admission university freshman applicant even though underrepresented minority applicant qualifications admitted denied admission hamacher demonstrated able ready apply transfer student university cease use race undergraduate admissions therefore standing seek prospective relief respect university continued use race also rejected justice stevens contention use undergraduate transfer admissions differs university use race undergraduate freshman admissions hamacher lacks standing represent absent class members challenging latter year oua produces document setting forth guidelines seeking admission lsa including freshman transfer applicants transfer applicant guidelines specifically factors qualifications considered assessing freshman applicants fact criteria used determine whether transfer applicant contribute diversity identical used evaluate freshman applicants difference underrepresented minority freshman applicants receive points virtually minimally qualified admitted generally minimally qualified minority transfer applicants admitted outright difference might relevant narrow tailoring analysis clearly effect petitioners standing challenge university use race undergraduate admissions assertion diversity compelling state interest justifying consideration race undergraduate applicants see general telephone southwest falcon blum yaretsky distinguished district carefully considered decision certify class action correct cf coopers lybrand livesay hamacher personal stake view past injury potential injury faced time certification demonstrates may maintain action pp university use race current freshman admissions policy narrowly tailored achieve respondents asserted interest diversity policy violates equal protection clause reasons set forth grutter bollinger post today rejected petitioners argument diversity constitute compelling state interest however finds university current policy automatically distributes points points needed guarantee admission every single underrepresented minority applicant solely race narrowly tailored achieve educational diversity bakke justice powell explained view permissible university employ admissions program race ethnic background may deemed particular applicant file nothing justice powell bakke opinion signaled university may employ whatever means desires achieve diversity without regard limits imposed strict scrutiny pp university use race current freshman admissions policy violates equal protection clause also violates title vi see alexander sandoval general building contractors assn pennsylvania accordingly reverses portion district decision granting respondents summary judgment respect liability pp reversed part remanded rehnquist delivered opinion scalia kennedy thomas joined filed concurring opinion breyer joined part thomas filed concurring opinion breyer filed opinion concurring judgment stevens filed dissenting opinion souter joined souter filed dissenting opinion ginsburg joined part ii ginsburg filed dissenting opinion souter joined breyer joined part jennifer gratz patrick hamacher petitioners lee bollinger et al writ certiorari appeals sixth circuit june chief justice rehnquist delivered opinion granted certiorari case decide whether university michigan use racial preferences undergraduate admissions violate equal protection clause fourteenth amendment title vi civil rights act brief petitioners find manner university considers race applicants undergraduate admissions guidelines violates constitutional statutory provisions reverse portion district decision upholding guidelines petitioners jennifer gratz patrick hamacher applied admission university michigan university college literature science arts lsa residents state michigan petitioners caucasian gratz applied admission fall notified january year final decision regarding admission delayed april delay based upon university determination although gratz qualified competitive students ha admitted first review app pet cert gratz notified april lsa unable offer admission enrolled university michigan dearborn graduated spring hamacher applied admission lsa fall final decision application also postponed though credentials qualified range level needed first review admission ibid hamacher application subsequently denied april enrolled michigan state october gratz hamacher filed lawsuit district eastern district michigan university michigan james duderstadt lee petitioners complaint suit alleging violations threatened violations rights plaintiffs class represent equal protection laws fourteenth amendment racial discrimination violation et seq app petitioners sought inter alia compensatory punitive damages past violations declaratory relief finding respondents violated petitioners rights nondiscriminatory treatment injunction prohibiting respondents continuing discriminate basis race violation fourteenth amendment order requiring lsa offer hamacher admission transfer district granted petitioners motion class certification determining class action appropriate pursuant federal rule civil procedure certified class consisted individuals applied granted admission college literature science arts university michigan academic years forward members racial ethnic groups including caucasian defendants treated less favorably basis race considering application admission app hamacher whose claim district found challenge racial discrimination pervasively applied classwide basis designated class representative also granted petitioners motion bifurcate proceedings liability damages phase liability phase determine whether respondents use race factor admissions decisions violates equal protection clause fourteenth amendment constitution university changed admissions guidelines number times period relevant litigation summarize significant changes briefly university office undergraduate admissions oua oversees lsa admissions order promote consistency review large number applications received oua uses written guidelines academic year admissions counselors make admissions decisions accordance guidelines oua considers number factors making admissions decisions including high school grades standardized test scores high school quality curriculum strength geography alumni relationships leadership oua also considers race periods relevant litigation university considered hispanics native americans underrepresented minorities undisputed university admits virtually every qualified applicant groups app pet cert oua counselors evaluated applications according grade point average combined referred scuga factors factors included quality applicant high school strength applicant high school curriculum applicant unusual circumstances applicant geographical residence applicant alumni relationships scores combined produce applicant gpa score reviewing admissions counselors referenced set guidelines tables listed gpa ranges vertical axis american college aptitude test scores horizontal axis table divided cells included one courses action taken including admit reject delay additional information postpone reconsideration years applicants gpa score score subject different admissions outcomes based upon racial ethnic example caucasian applicant gratz gpa score act score placed within cell calling postponed decision application minority applicant gratz scores fallen within cell calling admission university modified admissions procedure specifically formula calculating applicant gpa score restructured include additional point values category scuga factors new system applicants receive points underrepresented minority status socioeconomic disadvantage attendance high school predominantly underrepresented minority population underrepresentation unit student applying example men sought pursue career nursing procedures hamacher gpa score act score placed cell applicant table calling postponement final admissions decision underrepresented minority applicant placed cell generally admitted beginning academic year oua dispensed guidelines tables scuga point system favor selection index applicant score maximum points index divided linearly ranges generally calling admissions dispositions follows admit admit postpone postpone admit delay postpone delay reject application received points based high school grade point average standardized test scores academic quality applicant high school strength weakness high school curriculum residency alumni relationship personal essay personal achievement leadership particular significance miscellaneous category applicant entitled points based upon membership underrepresented racial ethnic minority group university explained selection index admissions changed mechanics substance race ethnicity considered admissions app pet cert application years guidelines provided qualified applicants underrepresented minority groups admitted soon possible light university belief applicants likely enroll promptly notified admission also university carefully managed rolling admissions system permit consideration certain applications submitted later academic year use protected seats specific groups including athletes foreign students rotc candidates underrepresented minorities protected categories eligible seats committee called enrollment working group ewg projected many applicants protected categories university likely receive given date paced admissions decisions permit full consideration expected applications groups space filled qualified candidates designated groups toward end admissions season used admit qualified candidates remaining applicant pool including waiting list oua used selection index every applicant underrepresented racial ethnic minority group awarded points starting however university established admissions review committee arc provide additional level consideration applications new system counselors may discretion flag application arc review determining applicant academically prepared succeed achieved minimum selection index score possesses quality characteristic important university composition freshman class high class rank unique life experiences challenges circumstances interests talents socioeconomic disadvantage underrepresented race ethnicity geography reviewing flagged applications arc determines whether admit defer deny applicant parties filed summary judgment respect liability petitioners asserted lsa use race factor admissions violates title vi civil rights act stat equal protection clause fourteenth amendment respondents relied justice powell opinion regents univ cal bakke respond petitioners arguments discussed greater detail opinion grutter bollinger post justice powell bakke expressed view consideration race factor admissions might cases serve compelling government interest see respondents contended lsa interest educational benefits result racially ethnically diverse student body program narrowly tailored serve interest asserted lsa compelling interest remedying university past current discrimination district began analysis reviewing decision bakke see supp ed although acknowledged decision since bakke explicitly accepted diversity rationale discussed justice powell see supp also concluded years since bakke ruled justification use race supp district concluded respondents amici curiae presented solid evidence racially ethnically diverse student body produces significant educational benefits achieving student body constitutes compelling governmental interest see next considered whether lsa admissions guidelines narrowly tailored achieve interest see relying justice powell opinion bakke district determined admissions program lsa began using narrowly tailored means achieving university interest educational benefits flow racially ethnically diverse student body see supp emphasized lsa current program utilize rigid quotas seek admit predetermined number minority students see ibid award points membership underrepresented minority group district view functional equivalent quota minority candidates insulated review virtue points see likewise rejected assertion lsa program operates like system justice powell found objectionable bakke grounds lsa applicants competing different groups seats see supp also dismissed petitioners assertion lsa current system nothing means achieve racial balancing see explained lsa seek achieve certain proportion minority students let alone proportion represents community see ibid district found admissions guidelines lsa used problematic view university prior practice protecting reserving seats underrepresented minority applicants effectively kept nonprotected applicants competing slots see system concluded operated functional equivalent quota ran afoul justice powell opinion see supp based findings granted petitioners motion summary judgment respect lsa admissions programs existence respondents motion respect lsa admissions programs see accordingly district denied petitioners request injunctive relief see district issued order consistent rulings certified two questions interlocutory appeal sixth circuit pursuant parties appealed aspects district rulings appeals heard case en banc day grutter bollinger sixth circuit later issued opinion grutter upholding admissions program used university michigan law school petitioner case sought writ certiorari petitioners asked grant certiorari case well despite fact appeals yet rendered judgment address constitutionality consideration race university admissions wider range circumstances see ii throughout course litigation petitioners contend university consideration race undergraduate admissions decisions violates equal protection clause fourteenth title consider first whether petitioners standing seek declaratory injunctive relief finding next consider merits claims although party raised issue justice stevens argues petitioners lack article iii standing seek injunctive relief respect university use race undergraduate admissions first contends hamacher actually appl admission transfer student claim future injury best hypothetical rather immediate post dissenting opinion whether hamacher actually applied admission transfer student determinative ability seek injunctive relief case hamacher submitted transfer application rejected still need allege intent apply order seek prospective relief justice stevens means hamacher apply transfer must never really intended conclusion directly conflicts finding fact entered district hamacher intends transfer university michigan defendants cease use race admission preference app well established intent may relevant standing equal protection challenge clements fashing example considered challenge provision texas constitution requiring immediate resignation certain state officeholders upon announcement candidacy another office concluded plaintiff officeholders article iii standing alleged announced candidacy offices automatic resignation provision challenging accord turner fouche plaintiff property standing challenge property ownership requirement membership school board even though evidence plaintiff applied rejected quinn millsap plaintiffs property standing challenge property ownership requirement membership government board even though lacked standing challenge requirement applied likewise northeastern chapter associated gen contractors america jacksonville considered whether association challenging ordinance gave preferential treatment certain businesses award city contracts needed show one members received contract absent ordinance order establish standing finding showing necessary explained fact equal protection case variety denial equal treatment resulting imposition barrier ultimate inability obtain benefit context challenge program fact inability compete equal footing bidding process loss contract concluded face barrier establish standing party challenging program like jacksonville need demonstrate able ready bid contracts discriminatory policy prevents equal basis ibid bringing equal protection challenge university use race undergraduate admissions hamacher alleged university denied opportunity compete admission equal basis hamacher applied university freshman applicant denied admission even though underrepresented minority applicant qualifications admitted see app pet cert denied admission hamacher demonstrated able ready apply transfer student university cease use race undergraduate admissions therefore standing seek prospective relief respect university continued use race undergraduate admissions justice stevens raises second argument standing contends university use race undergraduate transfer admissions differs use race undergraduate freshman admissions therefore hamacher lacks standing represent absent class members challenging latter post dissenting opinion initial matter question whether relevance variation matter article iii standing whether goes propriety class certification pursuant federal rule civil procedure parties briefed question standing versus adequacy however need resolve question today regardless whether requirement deemed one adequacy standing clearly satisfied time petitioners filed original complaint brief merits consistently challenged university use race undergraduate admissions asserted justification promoting diversity see app brief petitioners consistent challenge petitioners requested injunctive relief prohibiting respondent continuing discriminate basis race app sought certify class consisting individuals members underrepresented minority group either applied admission lsa rejected intended apply admission lsa academic years forward district determined proposed class satisfied requirements federal rules civil procedure including requirements numerosity commonality typicality see fed rule civ proc app concluded hamacher adequate representative class pursuit compensatory injunctive relief purposes rule see app found record utterly devoid presence antagonism interests hamacher members class seek represent finally district concluded petitioners claim appropriate class treatment university racial discrimination pervasively applied classwide basis certified class pursuant federal rule civil procedure designated hamacher class representative app justice stevens cites blum yaretsky arguing district erred post blum considered class action suit brought medicaid beneficiaries named representatives blum challenged decisions state medicaid utilization review committee urc transfer lower levels care without view sufficient procedural safeguards class certified plaintiffs obtained order expanding class certification include challenges urc decisions transfer patients higher levels care well defendants argued named representatives represent absent class members challenging transfers higher levels care threatened transfers agreed noted othing record suggests individual respondents either transferred intensive care threatened transfers found transfers lower levels care involved number fundamentally different concerns transfers higher ones noting example transfers lower levels care implicated beneficiaries property interests given concomitant decrease medicaid benefits transfers higher levels care present case university use race undergraduate transfer admissions implicate significantly different set concerns use race undergraduate freshman admissions respondents challenged hamacher standing certification stage never grounds university use race undergraduate transfer admissions involves different set concerns use race freshman admissions respondents failure allege difference simply consistent fact difference exists year oua produces document entitled college literature science arts guidelines terms sets forth guidelines individuals seeking admission lsa including freshman applicants transfer applicants international student applicants like see app etc pp guidelines used evaluate transfer applicants specifically factors qualifications considered assessing freshman applicants fact criteria used determine whether transfer applicant contribute university stated goal diversity identical used evaluate freshman applicants example class certified district found hamacher standing represent class transfer guidelines contained separate section entitled contribution diverse student body section explained transfer applicant contribut diverse student body generally admitted even substantially lower qualifications required transfer applicants ibid emphasis added determine whether transfer applicant capable contribut ing diverse student body admissions counselors instructed determine whether transfer applicant met criteria defined section iv category scuga factors used assess freshman applicants ibid section iv category entitled contribution diverse class explained university committed rich educational experience students diverse opposed homogenous student population enhances educational experience students insure diverse class significant weight given admissions process indicators students contribution diverse class indicators used evaluating freshman transfer applicants alike list member underrepresented minority group establishing applicant contribution diversity see indeed difference university use race considering freshman transfer applicants underrepresented minority freshman applicants receive points virtually minimally qualified admitted generally minimally qualified minority transfer applicants admitted outright difference might relevant narrow tailoring analysis clearly effect petitioners standing challenge university use race undergraduate admissions assertion diversity compelling state interest justifies consideration race undergraduate particularly instructive statement general telephone southwest falcon used biased testing procedure evaluate applicants employment incumbent employees class action behalf every applicant employee might prejudiced test clearly satisfy requirements rule emphasis added district found sole rationale university provided preferences undergraduate admissions interest educational benefits result diverse student body app pet cert petitioners argue interest diversity compelling state interest ever capable justifying use race undergraduate admissions see brief petitioners sum set concerns implicated university use race evaluating undergraduate admissions applications therefore agree district carefully considered decision certify challenge university consideration race undergraduate admissions see app singular policy applied classwide cf coopers lybrand livesay class determination generally involves considerations enmeshed factual legal issues comprising plaintiff cause action internal quotation marks omitted indeed class action treatment particularly important case claims individual students run risk becoming moot class action vehicle provides mechanism ensuring justiciable claim app thus think clear hamacher personal stake view past injury potential injury faced time certification demonstrates may maintain challenge university use race undergraduate admissions petitioners argue first foremost university use race undergraduate admissions violates fourteenth amendment specifically contend sanctioned use racial classifications remedy identified discrimination justification respondents never relied brief petitioners petitioners argue diversity basis employing racial preferences simply indefinite constitute compelling interest capable supporting means reasons set forth today grutter bollinger post rejected arguments petitioners petitioners alternatively argue even university interest diversity constitute compelling state interest district erroneously concluded university use race current freshman admissions policy narrowly tailored achieve interest petitioners argue guidelines university began using remotely resemble kind consideration race ethnicity justice powell endorsed bakke brief petitioners respondents reply university current admissions program narrowly tailored avoids problems medical school university california davis program davis rejected justice claim program hews closely admissions program described justice powell well harvard college admissions program endorsed brief respondents specifically respondents contend lsa policy provides individualized consideration justice powell considered hallmark constitutionally appropriate admissions program reasons set agree well established racial classifications reviewable equal protection clause must strictly scrutinized adarand constructors peña review dependent race burdened benefited particular classification ibid quoting richmond croson plurality opinion thus person whatever race right demand governmental actor subject constitution justify racial classification subjecting person unequal treatment strictest judicial scrutiny adarand withstand strict scrutiny analysis respondents must demonstrate university use race current admission program employs narrowly tailored measures compelling governmental interests acial classifications simply pernicious permit exact connection justification classification fullilove klutznick stevens dissenting review whether requirements met must entail searching examination adarand supra quoting wygant jackson bd plurality opinion powell find university policy automatically distributes points points needed guarantee admission every single underrepresented minority applicant solely race narrowly tailored achieve interest educational diversity respondents claim justifies program bakke justice powell reiterated referring members one group reason race ethnic origin discrimination sake explained however view permissible university employ admissions program race ethnic background may deemed particular applicant file explained program might allow file particular black applicant examined potential contribution diversity without factor race decisive compared example applicant identified latter thought exhibit qualities likely promote beneficial educational pluralism ibid system justice powell view flexible enough consider pertinent elements diversity light particular qualifications applicant ibid justice powell opinion bakke emphasized importance considering particular applicant individual assessing qualities individual possesses turn evaluating individual ability contribute unique setting higher education admissions program justice powell described however contemplate single characteristic automatically ensured specific identifiable contribution university diversity see see also metro broadcasting fcc dissenting concluding fcc policy embodie related notions particular applicant virtue race ethnicity alone valued applicants applicant provide distinct perspective impermissibly value individuals based presumption persons think manner associated race instead approach justice powell described characteristic particular applicant considered assessing applicant entire application current lsa policy provide individualized consideration lsa policy automatically distributes points every single applicant underrepresented minority group defined university consideration accompanies distribution points factual review application determine whether individual member one minority groups moreover unlike justice powell example race particular black applicant considered without decisive see bakke lsa automatic distribution points effect making factor race decisive virtually every minimally qualified underrepresented minority applicant also instructive consideration lsa system example provided description harvard college admissions program justice powell discussed attached opinion bakke example included illustrate kind significance attached race harvard college program provided follows admissions committee places left fill might find forced choose child successful black physician academic community promise superior academic performance black grew ghetto parents whose academic achievement lower demonstrated energy leadership well apparently abiding interest black power good number black students much like like already admitted committee might prefer vice versa white student extraordinary artistic talent also seeking one remaining places unique quality might give edge thus critical criteria often individual qualities experience dependent upon race sometimes associated ibid emphasis added example demonstrates problematic nature lsa admissions system even student extraordinary artistic talent rivaled monet picasso applicant receive five points lsa system see app time every single underrepresented minority applicant including students automatically receive points submitting application clearly lsa system offer applicants individualized selection process described harvard example instead considering differing backgrounds experiences characteristics students might benefit university admissions counselors reviewing lsa applications simply award points applications indicate student receive points extraordinary talent respondents emphasize fact lsa created possibility applicant file flagged individualized consideration arc think flagging program emphasizes flaws university system whole compared described justice powell students illustrate point first student never flagged university conceded effect automatically awarding points virtually every qualified underrepresented minority applicant admitted student applicant promise superior academic performance certainly fit description thus result automatic distribution points university never consider student individual background experiences characteristics assess individual potential contribution diversity bakke supra instead every applicant like student simply admitted possible students flagged considered individuals assumes student already admitted automatic distribution student muster least additional points fact review committee look applications individually ignore points application flagged tr oral arg little comfort strict scrutiny analysis record reveal precisely many applications flagged individualized consideration undisputed consideration exception rule operation lsa admissions program see app pet cert arc reviews portion applications bulk admissions decisions executed based selection index score parameters set ewg additionally individualized review provided admissions counselors automatically distribute university version plus makes race decisive factor virtually every minimally qualified underrepresented minority applicant respondents contend volume applications presentation applicant information make impractical lsa use admissions system upheld today grutter brief respondents fact implementation program capable providing individualized consideration might present administrative challenges render constitutional otherwise problematic system see croson plurality opinion brennan rejecting determinant constitutionality face suspect classification nothing justice powell opinion bakke signaled university may employ whatever means desires achieve stated goal diversity without regard limits imposed strict scrutiny analysis conclude therefore university use race current freshman admissions policy narrowly tailored achieve respondents asserted compelling interest diversity admissions policy violates equal protection clause fourteenth find admissions policy also violates title vi accordingly reverse portion district decision granting respondents summary judgment respect liability remand case proceedings consistent opinion ordered jennifer gratz patrick hamacher petitioners lee bollinger et al writ certiorari appeals sixth circuit june justice concurring unlike law school admissions policy upholds today grutter bollinger post procedures employed university michigan university office undergraduate admissions provide meaningful individualized review applicants cf regents univ cal bakke principal opinion powell law school considers various diversity qualifications applicant including race basis see grutter bollinger post contrast office undergraduate admissions relies selection index assign every underrepresented minority applicant automatic bonus without consideration particular background experiences qualities individual applicant cf ante mechanized selection index score large automatically determines admissions decision applicant selection index thus precludes admissions counselors conducting type individualized consideration opinion grutter supra requires consideration applicant individualized qualifications including contribution individual race ethnic identity make diversity student body taking account diversity within among racial ethnic groups cf ante citing bakke supra summary judgment district held admissions policy university instituted continues use today passed constitutional muster see supp ed proposed summary undisputed facts parties jointly stipulated admission policy mechanics app pet cert university receives application admission incoming class admissions counselor turns selection index worksheet calculate applicant selection index score maximum possible points procedure university began using app applicants score automatically admitted applicants scores categorized admit postpone applicants points postponed admitted applicants points delayed postponed applicants points fewer delayed rejected office undergraduate admissions extends offers admission rolling basis acts upon applications received periodic ass ction app calculating applicant selection index score counselors assign numerical values broad range academic factors well variables university considers important assembling diverse student body including race points assigned academic performance points assigned nonacademic factors michigan residents example receive points children alumni receive counselors may assign outstanding essay points may award points applicant personal achievement leadership public service importantly case applicant automatically receives point bonus possesses one following miscellaneous factors membership underrepresented minority group attendance predominantly minority disadvantaged high school recruitment athletics university added another layer review admissions process admissions counselor tabulated applicant selection index score may flag application consideration admissions review committee composed members office undergraduate admissions office provost app pet cert review committee meets periodically discuss files flagged applicants already admitted based selection index parameters app discussing flagged application committee decides whether admit defer deny applicant ibid counselors may flag applicant review committee academically prepared selection index score least residents michigan residents possesses one several qualities valued university qualities include high class rank unique life experiences challenges circumstances interests talents socioeconomic disadvantage race ethnicity geography app pet cert counselors also discretion flag application notwithstanding high selection index score something applicant file suggests applicant may suitable admission app finally rare circumstances admissions counselor may flag applicant selection index score designated levels counselor reason believe reading entire file score reflect applicant true promise ibid ii although office undergraduate admissions assign points soft variables race points available diversity contributions leadership service personal achievement geographic diversity capped much lower levels even outstanding national high school leader never receive five points accomplishments mere quarter points automatically assigned underrepresented minority solely based fact race course justice powell made clear bakke university need necessarily accor diversity factors weight weight attributed particular quality may vary year year depending student body applicants incoming class selection index setting automatic predetermined point allocations soft variables ensures diversity contributions applicants individually assessed policy stands sharp contrast law school admissions plan enables admissions officers make nuanced judgments respect contributions applicant likely make diversity incoming class see grutter bollinger post law school admissions program adequately ensures factors may contribute student body diversity meaningfully considered alongside race admissions decisions potential source individualized consideration appears admissions review committee evidence record however reveals little review committee actually functions evidence indicates committee kind afterthought rather integral component system individualized review points undisputed committee reviews portion applications bulk admissions decisions executed based selection index score parameters set enrollment working group ante quoting app pet cert review committee thus represents necessarily limited exception office undergraduate admissions general reliance selection index indeed record reveal many applications admissions counselors send review committee year university pointed evidence demonstrating meaningful percentage applicants receives level discretionary review addition eligibility consideration committee based automatic levels determined reference selection index scores evidence decisions actually made type individualized consideration used given circumstances addition admissions review committee admissions process offset apparent absence individualized consideration office undergraduate admissions general practices reasons record us support conclusion university michigan admissions program college literature science arts extent considers race provides necessary individualized consideration university course remains free modify system cf grutter bollinger post current system understand nonindividualized mechanical one result join opinion reversing decision district jennifer gratz patrick hamacher petitioners lee bollinger et al writ certiorari appeals sixth circuit june justice thomas concurring join opinion believe correctly applies precedents including today decision grutter bollinger post similar reasons given separate opinion case see post opinion concurring part dissenting part however hold state use racial discrimination higher education admissions categorically prohibited equal protection clause make one observation university michigan college literature science arts lsa admissions policy today invalidates suffer additional constitutional defect allowing racial discriminat ion among groups included within definition underrepresented minorities grutter post opinion post thomas concurring part dissenting part awards underrepresented minorities racial preference lsa policy falls however sufficiently allow consideration nonracial distinctions among underrepresented minority applicants today decisions university may racially discriminate groups constituting critical mass see ibid grutter post opinion stating racial balancing patently unconstitutional admissions policy however must allow consideration nonracial distinctions among applicants sides single permitted racial classification see ante opinion ante concurring jennifer gratz patrick hamacher petitioners lee bollinger et al writ certiorari appeals sixth circuit june justice breyer concurring judgment concur judgment though join opinion join justice opinion except insofar joins join part justice ginsburg dissenting opinion dissent reversal district decision agree justice ginsburg implementing constitution equality instruction government decisionmakers may properly distinguish policies inclusion exclusion post former likely prove consistent basic constitutional obligation law respect individual equally see amdt jennifer gratz patrick hamacher petitioners lee bollinger et al writ certiorari appeals sixth circuit june justice stevens justice souter joins dissenting petitioners seek relief enjoining university michigan continuing use current freshman admissions policy yet unlike plaintiff grutter bollinger post petitioners case already enrolled schools filed complaint case neither petitioner process reapplying michigan freshman admissions process time suit filed neither done since total absence evidence either petitioner receive benefit prospective relief sought lawyer unidentified members class may well standing seek prospective relief clear neither petitioner precedents therefore require dismissal action petitioner jennifer gratz applied admission university michigan university college literature science arts lsa undergraduate freshman class university delayed action application placed name extended waiting list gratz decided attend university michigan dearborn instead graduated petitioner patrick hamacher applied admission lsa undergraduate freshman class university postponed decision application placed name extended waiting list attended michigan state university graduating complaint petitioners filed october hamacher alleged intends apply transfer university michigan discriminatory admissions system described herein eliminated app class certification stage petitioners sought hamacher represent class pursuant federal rule civil procedure see app response michigan contended hamacher lacks standing represent class seeking declaratory injunctive relief michigan submitted hamacher suffered threat imminent future given already enrolled another undergraduate district rejected michigan contention concluding hamacher standing seek injunctive relief complaint alleged intended apply michigan transfer student see extent plaintiff hamacher reapplies university michigan face race continue factor admissions district accordingly certified hamacher sole class representative limited claims class injunctive declaratory relief see subsequent proceedings district held admissions system effect petitioners applications denied unlawful michigan new admissions system lawful petitioners sought certiorari michigan review district judgment concerning admissions policies michigan place gratz hamacher applied admission respectively see brief respondents accordingly us portion district judgment upheld michigan new freshman admissions policy ii hamacher gratz course standing seek damages compensation alleged wrongful denial respective applications michigan old freshman admissions system however like plaintiff los angeles lyons standing recover damages caused chokeholds administered police past standing seek injunctive relief preventing future chokeholds petitioners past injuries give standing obtain injunctive relief protect third parties similar harms see ast exposure illegal conduct show present case controversy regarding injunctive relief unaccompanied continuing present adverse effects quoting littleton seek injunctive relief petitioners must show face imminent threat future injury see adarand constructors peña given suit filed neither faced impending threat future injury based michigan new freshman admissions even though scintilla evidence freshman admissions program administered respondents ever impact either hamacher gratz petitioners nonetheless argue hamacher personal stake suit time complaint filed hamacher intended apply transfer michigan certain admission policy changes see app see also tr oral arg petitioners attempt base hamacher standing suit hypothetical transfer application fails several reasons first evidence hamacher ever actually applied admission transfer student michigan claim future injury best conjectural hypothetical rather real immediate littleton second petitioners counsel conceded oral argument transfer policy addressed district see tr oral arg admitting transfer admissions policy unlike university freshman policy detailed great length joint appendix filed specifics transfer policy conspicuously missing joint appendix filed furthermore transfer policy discussed anywhere parties briefs ever even referenced district opinion upheld michigan new freshman admissions policy struck michigan old policy nonetheless evidence filed district michigan demonstrates criteria used evaluate transfer applications michigan differ significantly criteria used evaluate freshman undergraduate applications special significance michigan freshman admissions policy example provides points added selection index scores minority applicants see ante contrast michigan use points transfer policy applicants including minority socioeconomically disadvantaged applicants generally admitted possess certain qualifications including undergraduate grade point average gpa sophomore standing high school gpa record exh differences hamacher base right complain freshman admissions policy hypothetical injury wholly separate transfer policy right complain one administrative deficiency automatically conferred right complain administrative deficiencies citizen aggrieved one respect bring whole structure state administration courts review lewis casey emphasis original see also blum yaretsky plaintiff subject injurious conduct one kind possess virtue injury necessary stake litigating conduct another kind although similar third differences freshman transfer admissions policies make extremely unlikely best injunction requiring respondents modify freshman admissions program impact michigan transfer policy see allen wright elief injury must follow favorable decision schlesinger reservists comm stop war discrete factual context within concrete injury occurred threatened insures framing relief broader required precise facts ruling applied especially true light petitioners unequivocal disavowal request equitable relief totally preclude use race processing admissions applications see tr oral arg majority asserts petitioners challenged use race university undergraduate admissions freshman transfer alike ante emphasis original yet questioned oral argument whether petitioners challenge impact private public universities petitioners counsel stated honor want clear arguing today suggesting absolute rule forbidding use race circumstances arguing interest asserted university amorphous unlimited interest diversity compelling interest tr oral arg emphasis added addition asked whether petitioners took position permissible use race remedy past discrimination petitioners lawyer stated go far may reasons think extraordinary rare consistent statements petitioners briefs filed attack university asserted interest diversity acknowledge race considered remedial reasons see brief petitioners michigan transfer policy challenged petitioners see supra know whether michigan defend transfer policy diversity grounds whether might try justify transfer policy grounds remedial interest petitioners counsel therefore incorrect asserting oral argument university asserted interest diversity struck rationale law respect transfer policy respect original freshman admissions policy tr oral arg majority likewise mistaken assuming university use race undergraduate transfer admissions implicate significantly different set concerns use race undergraduate freshman admissions ante transfer policy never subject suit simply know whether michigan defend transfer policy diversity grounds grounds absence point system transfer policy might impact narrow tailoring analysis policy bottom petitioners interest obtaining injunction benefit younger third parties comparable unemancipated minor standing litigate behalf older women matheson medicaid patients transferred less intensive care standing litigate behalf patients objecting transfers intensive care facilities blum yaretsky standing elementary petitioners interests must implicated neither petitioner personal stake suit prospective relief neither standing iii true petitioners complaint filed class action hamacher certified representative class whose members may well standing challenge lsa freshman admissions program presently effect fact suit may class action adds nothing question standing even named plaintiffs represent class allege show personally injured injury suffered unidentified members class belong purport represent simon eastern ky welfare rights organization quoting warth seldin see also conte newberg class actions ed ne acquire individual standing virtue bringing class action thus blum squarely held interests members class satisfy requirement class representatives personal interest obtaining particular equitable relief sought class blum included patients wanted hearing transferred facilities receive intensive care class representatives however category patients threatened transfer less intensive care facilities explaining named class representatives base standing sue injury suffered members class stated respondents suggest members class represent transferred higher levels care result utilization review committee decisions respondents however allege show personally injured injury suffered unidentified members class belong purport represent warth seldin unless individuals thus demonstrate requisite case controversy personally petitioners none may seek relief behalf member class littleton ibid much like class representatives blum hamacher sole class representative case meet article iii threshold requirement unidentified members class represents may well standing challenge michigan current freshman admissions policy hamacher base standing sue injuries suffered members class iv case comes us precedents leave us alternative dismiss writ lack jurisdiction neither petitioner personal stake outcome case neither standing seek prospective relief behalf unidentified class members may may standing litigate behalf accordingly respectfully dissent jennifer gratz patrick hamacher petitioners lee bollinger et al writ certiorari appeals sixth circuit june justice souter justice ginsburg joins part ii dissenting agree justice stevens patrick hamacher standing seek declaratory injunctive relief freshman admissions policy never cause harm write separately note even new gloss law standing permit reach issue decides today majority chosen address merits also add word say even merits reachable dissent judgment finding article iii standing rests two propositions first university michigan undergraduate college transfer policy freshman admissions policy seek achieve student body diversity use race ante second hamacher standing challenge transfer policy grounds diversity never compelling state interest justifying use race admissions decision freshman transfer ante concludes hamacher argument successful seal fate policies standing challenge transfer policy also allows attack freshman admissions policy ante etitioners challenged use race university promote diversity including transfer policy ibid university considers race purpose achieve diversity believe compelling struck rationale result respect transfer policy respect freshman admissions policy quoting tr oral arg agree justice stevens critique thus ignores basic principle article iii standing tiff challenge government program apply see ante dissenting opinion even indulgent standing theory decision go beyond recognition diversity serve compelling state interest justifying decisions education ante citing grutter bollinger post since says petitioners raise narrow tailoring challenge transfer policy ante decision grutter fatal hamacher sole attack upon transfer policy policy claims aggrieved hamacher challenge policy failed standing presumably spent question whether freshman admissions plan narrowly tailored achieving student body diversity remains legally irrelevant hamacher await plaintiff actually hurt ii cases contain two pointers toward line valid unconstitutional admissions schemes grutter reaffirms permissibility individualized consideration race achieve diversity students least race assigned preordained value cases hand justice powell opinion regents univ cal bakke rules racial quota race sole fact eligibility certain places class although freshman admissions system subject argument merits think closer grutter approves bakke condemns held unconstitutional current record record describe system quota like one struck bakke insulate nonminority candidates competition certain seats bakke supra opinion powell see also richmond croson plurality opinion stating bakke invalidated plan completely eliminated nonminorities consideration specified percentage opportunities bakke plan focused solely ethnic diversity effectively told nonminority applicants matter strong qualifications quantitative extracurricular including potential contribution educational diversity never afforded chance compete applicants preferred groups special admissions seats bakke supra opinion powell emphasis original plan contrast lets applicants compete places values applicant offering place grounds race grades test scores strength high school quality course study residence alumni relationships leadership personal character socioeconomic disadvantage athletic ability quality personal essay ante nonminority applicant scores highly categories readily garner selection index exceeding minority applicant gets bonus cf johnson transportation agency santa clara upholding program gender one numerous factors taken account arriving decision persons automatically excluded consideration able qualifications weighed applicants emphasis deleted subject one qualification taken scheme considering selection index system characteristics college thinks relevant student diversity every one student places filled fits justice powell description constitutionally acceptable program one considers pertinent elements diversity light particular qualifications applicant places element footing consideration although necessarily according weight bakke supra words characteristic particular applicant considered assessing applicant entire application ante unsuccessful nonminority applicant complain rejected simply right color applicant rejected combined qualifications outweigh applicant given opportunity compete applicants bakke supra opinion powell one qualification description admissions process membership underrepresented minority given weight points scale face things however assignment specific points set race apart weighted considerations nonminority students may receive points athletic ability socioeconomic disadvantage attendance socioeconomically disadvantaged predominantly minority high school provost discretion may also receive points residents michigan residence underrepresented michigan county leadership service nonetheless finds fault scheme automatically distributes points minority applicants consideration accompanies distribution points factual review application determine whether individual member one minority groups ante objection goes use points quantify compare characteristics number points awarded due race either reading objection mistaken nature college permissible practice awarding value racial diversity means race must considered way increases applicants chances admission since college admission left entirely inarticulate intuition hard see inappropriate assigning stated value relevant characteristic whether reasoning ability writing style running speed minority race justice powell plus factors necessarily assigned values college simply numbered scale law school accomplishes holistic review grutter post distinction imply applicants undergraduate college denied individualized consideration fair chance compete basis various merits applications may disclose possible say points convert race decisive factor comparable reserving minority places bakke course conceive point system plus factor given minority applicants extreme guarantee every minority applicant higher rank every nonminority applicant university admissions system see opinion powell petitioners convincing argument freshman admissions system operates way present record obviously shows nonminority applicants may achieve higher selection point totals minority applicants owing characteristics race fact university admits virtually every qualified minority applicant app pet cert may reflect nothing likelihood qualified minority applicants apply brief respondents bollinger et al well possibility results strong minority applicant pool suffices district consideration applicant whole spectrum ability ruled giving points race giving points athletic ability socioeconomic disadvantage argument tailoring amounts boils claim plus factor points makes observers suspicious factor points might suspicion carry petitioners ultimate burden persuasion constitutional challenge wygant jackson bd plurality opinion powell surely warrant condemning college admissions scheme record district correctly view believe specific point assignment constitutionally troubling made limited general findings characteristics university admissions practice conduct individualized review admissions review committee supp ed indicates know little actual role review committee ante record reveal precisely many applications flagged individualized consideration committee see also ante concurring evidence record reveals little review committee actually functions point system operate de facto greater admissions process including review committee results individualized review sufficient meet standards since record quiet silent work committee defensible ground vacating remanding evidence committee specific without knowing admissions review committee actually functions seems especially unfair treat candor admissions plan achilles heel contrast college forthrightness saying plus factor gives membership underrepresented minority worth considering character one alternative thrown preferable supposedly based race drawing admissions systems used public universities california florida texas contends michigan get student diversity satisfaction compelling interest guaranteeing admission fixed percentage top students high school michigan brief amicus curiae brief amicus curiae grutter bollinger pp nothing unconstitutional practice nonetheless suffers serious disadvantage deliberate obfuscation percentage plans race conscious point scheme fairly get racially diverse results without saying directly contrast michigan purpose directly doubtful case tempted give michigan extra point frankness equal protection become exercise winners ones hide ball iii plan challenged plaintiff proper standing article iii affirm judgment district granting summary judgment college vacate judgment lack jurisdiction respectfully dissent ginsburg jennifer gratz patrick hamacher petitioners lee bollinger et al writ certiorari appeals sixth circuit june justice ginsburg justice souter joins dissenting educational institutions acknowledges barred consideration race making admissions decisions ante see grutter bollinger post maintains standard review controls judicial inspection official race classifications ante quoting adarand constructors peña richmond croson plurality opinion insistence consistency adarand fitting nation free vestiges rank discrimination long reinforced law see ginsburg dissenting far distant overtly discriminatory past effects centuries inequality remain painfully evident communities schools wake system racial caste recently ended ginsburg dissenting large disparities endure access health vary disproportionately race neighborhoods schools remain racially hispanic children often educated underperforming adult hispanics generally earn less whites equivalent levels equally credentialed job applicants receive different receptions depending irrational prejudice still encountered real estate consumer bias conscious unconscious reflecting traditional unexamined habits thought keeps barriers must come equal opportunity nondiscrimination ever genuinely become country law practice ginsburg dissenting see generally krieger civil rights perestroika intergroup relations affirmative action rev constitution instructs act government may deny person equal protection laws amdt implementing equality instruction see government decisionmakers may properly distinguish policies exclusion inclusion see wygant jackson bd stevens dissenting actions designed burden groups long denied full citizenship stature sensibly ranked measures taken hasten day entrenched discrimination effects extirpated see carter victims happen black yale say two centuries struggle basic civil rights mostly freedom racial categorization rather freedom racial oppressio trivialize lives deaths suffered racism pretend issue presented regents univ cal bakke issue brown board education pretend history never happened present jurisprudence ranks race suspect category race inevitably impermissible classification one usually national shame drawn purpose maintaining racial inequality norwalk core norwalk redevelopment agency omitted race considered purpose achieving equality automatic proscription order insightfully explained constitution color blind color conscious avoid conflict equal protection clause classification denies benefit causes harm imposes burden must based race sense constitution color blind constitution color conscious prevent discrimination perpetuated undo effects past discrimination jefferson county bd wisdom see wechsler nationalization civil liberties civil rights supp tex brown may seen disallowing racial classifications impl invidious assessment allowing classifications invidious implication advanced correct inequalities contemporary human rights documents draw line distinguish policies oppression measures designed accelerate de facto equality see grutter post ginsburg concurring citing conventions elimination forms racial discrimination elimination forms discrimination women mere assertion laudable governmental purpose course immunize measure careful judicial inspection see jefferson county criterion relevancy color legitimate governmental close review needed ferret classifications reality malign masquerading benign adarand ginsburg dissenting ensure preferences large trammel unduly upon opportunities others interfere harshly legitimate expectations persons groups ii examining light admissions policy employed university michigan college literature science arts college reasons well stated justice souter see constitutional infirmity see ante dissenting opinion like institutions college many applicants admission accommodate entering class app pet cert every applicant admitted current plan petitioners dispute qualified attend college racial ethnic groups college accords special consideration hispanics historically relegated inferior status law social practice members continue experience discrimination day see supra suggestion college adopted current policy order limit decrease enrollment particular racial ethnic group seats reserved basis race see brief respondents tr oral arg range points review committee may look applications individually ignore points demonstration college program unduly constricts admissions opportunities students receive special consideration based race cf liu causation fallacy bakke basic arithmetic selective admissions rev admissions process applicants greatly outnumber admittees white applicants greatly outnumber minority applicants substantial preferences minority applicants significantly diminish odds admission facing white applicants stain generations racial oppression still visible society see krieger determination hasten removal remains vital one reasonably anticipate therefore colleges universities seek maintain minority enrollment networks opportunities thereby opened minority graduates whether full candor adoption affirmative action plans kind issue without recourse plans institutions higher education may resort camouflage example schools may encourage applicants write cultural traditions essays submit indicate whether english second language seeking improve chances admission applicants may highlight minority group associations belong hispanic surnames mothers grandparents turn teachers recommendations may emphasize student much accomplished see steinberg using synonyms race college strives diversity times section describing admissions process rice university cf brief amicus curiae suggesting institutions consider inter alia history overcoming disadvantage reputation location high school individual outlook reflected essays honesty best policy surely michigan accurately described fully disclosed college affirmative action program preferable achieving similar numbers winks nods reasons stated affirm judgment district footnotes although hamacher indicated intend ed apply transfer lsa discriminatory admissions system eliminated since graduated michigan state university app university michigan board regents subsequently named proper defendant place university lsa see duderstadt president university time gratz application consideration sued individual capacity bollinger president university hamacher applied admission originally sued individual official capacities longer president university group latino students applied intended apply admission university well citizens affirmative action preservation nonprofit organization michigan sought intervene pursuant federal rule civil procedure see app district originally denied request see sixth circuit reversed decision see gratz bollinger district decided also consider petitioners request injunctive declaratory relief liability phase proceedings app description taken large part joint proposed summary undisputed facts regarding admissions process filed parties district app pet cert counselors used four tables different groups applicants nonminority applicants applicants minority applicants minority applicants two tables used one applicants one applicants cell two tables contained separate courses action minority applicants nonminority applicants whose gpa scores scores placed cell lsa applicants michigan residents must accumulate points selection index criteria flagged applicants need accumulate points eligible consideration see app district considered rejected arguments supplemental opinion order see supp ed explained failed present evidence discrimination alleged continuing effects discrimination real justification lsa admissions programs agree extent reassert justification justification university never asserted throughout course litigation affirm district disposition issue district determined respondents bollinger duderstadt sued individual capacities rev stat entitled summary judgment based doctrine qualified immunity see supp petitioners asked review aspect district decision district denied board regents motion summary judgment respect petitioners title vi claim eleventh amendment immunity grounds see respondents asked review aspect district decision equal protection clause fourteenth amendment explains state shall deny person within jurisdiction equal protection laws title vi provides person shall ground race color national origin excluded participation denied benefits subjected discrimination program activity receiving federal financial assistance section provides persons within jurisdiction shall right every state territory make enforce contracts full equal benefit laws proceedings security persons property enjoyed white citizens finding corroborated hamacher request district equir lsa college offer admission transfer student app although resolve whether inquiry case appropriately addressed rubric standing adequacy note tension prior cases regard see burns standing mootness class actions search consistency rev general telephone southwest falcon plaintiff alleging passed promotion race adequate representative maintain class action behalf applicants hired employer blum yaretsky class representatives transferred lower levels medical care lacked standing challenge transfers higher levels care university guidelines concededly use race evaluating freshman transfer applications petitioners challenged use race university undergraduate admissions transfer admissions policy much although petitioners raise narrow tailoring challenge transfer policy counsel petitioners repeatedly explained transfer policy petitioners challenged use race university promote diversity including transfer policy see tr oral arg transfer policy essentially respect consideration race transfer policy considers race transfer policy freshman admissions policy fundamentally respect consider race admissions process way discriminatory university considers race purpose achieve diversity believe compelling struck rationale result respect transfer policy respect freshman admissions policy honor indeed litigation history case demonstrates device save resources courts parties permitting issue potentially affecting every class member litigated economical fashion califano yamasaki case therefore quite unlike general telephone southwest falcon found named representative passed promotion adequate representative absent class members never hired first instance explained plaintiff evidentiary approaches individual class claims entirely different attempted sustain individual claim proving intentional discrimination tried prove class claims statistical evidence disparate impact clear maintenance respondent action class action advance efficiency economy litigation principal purpose procedure quoting american pipe constr utah davis set aside seats available first year medical school program economically educationally disadvantaged applicants also members designated minority groups defined university extent existed pool least minimally qualified minority applicants fill special admissions seats white applicants compete seats entering class rather open minority applicants regents univ cal bakke principal opinion justice powell found program employed impermissible system disregard ed individual rights guaranteed fourteenth amendment reached conclusion even though university argued reservation specified number seats class individuals preferred ethnic groups effective means serving interest diversity ibid justice powell concluded arguments misunderstood nature diversity found compelling see ibid justice souter recognizes lsa use race decisive practice attempts avoid fact unsupported speculation minorities applicant pool see post dissenting opinion justice souter therefore wrong contends applicants undergraduate college denied individualized consideration post justice explains concurrence lsa program ensures diversity contributions applicants individually assessed post justice souter mistaken assertion take upon apply newly formulated legal standard undeveloped record post ignores fact respondents told us necessary decide case explained respondents concede portion applications reviewed arc bulk admissions decisions based point system readily apparent availability review comes automatic distribution points far limited individualized review given large middle group applicants discussed justice powell described harvard plan bakke internal quotation marks omitted justice ginsburg dissent observes ne reasonably anticipate colleges universities seek maintain minority enrollment whether full candor adoption affirmative action plans kind issue post goes say honesty best policy surely michigan accurately described fully disclosed college affirmative action program preferable achieving similar numbers winks nods disguises post observations remarkable two reasons first suggest universities whose academic judgment told grutter bollinger post defer pursue programs whether violate constitution second recommend violations dealt requiring universities obey constitution changing constitution conforms conduct universities explained discrimination violates equal protection clause fourteenth amendment committed institution accepts federal funds also constitutes violation title vi see alexander sandoval fordice alexander choate likewise respect explained provision meant broad terms proscribe discrimination making enforcement contracts favor race mcdonald santa fe trail transp furthermore explained contract educational services contract purposes see runyon mccrary finally purposeful discrimination violates equal protection clause fourteenth amendment also violate see general building contractors pennsylvania footnotes breyer joins opinion except last sentence footnotes challenging use race admissions michigan law school barbara grutter alleged complaint attended law school still desires attend law school become lawyer app petitioners seek gratz represent class pursuant federal rule civil procedure see app arguing hamacher lacked standing michigan also asserted hamacher need achieve grade point average attempt transfer university michigan district rejected argument concluding hamacher present grades factor considered time responding questions petitioners standing oral argument petitioners counsel alluded fact michigan might continually change details admissions policy see tr oral arg change michigan freshman admissions policy however reason petitioners establish standing seek prospective relief rather reason lack standing seek relief suit filed neither faced real immediate threat future injury michigan freshman admissions policy given already enrolled institutions adarand constructors peña quoting los angeles lyons decision obtain college education elsewhere distinguishes case allan bakke pursuit medical education university california davis see regents univ cal bakke cf defunis odegaard per curiam hamacher clearly longer claim intent transfer michigan undergraduate program given graduated college however fact alone necessarily fatal instant class action recognized named class representative standing time suit initiated class actions may proceed instances following mootness named class representative claim see sosna iowa holding requisite article iii case controversy may exist named defendant member class represented named plaintiff even though claim named plaintiff become moot franks bowman transp problem case neither gratz hamacher standing assert injunctive claim federal time suit initiated majority view standing end hamacher ability challenge use race university variety programs hamacher right complain transfer policy gives standing challenge freshman policy presumably ability complain transfer policy likewise enable challenge michigan law school admissions policy well admissions policy used michigan course injury hamacher give standing claim damages past harm behalf class members certified class representative limited purpose seeking injunctive declaratory relief footnotes holding arguably exposes weakness rule blum yaretsky article iii standing may satisfied unnamed members duly certified class party invited us reconsider blum follow justice stevens approaching case assumption blum settled law matter suggests narrow tailoring challenges two policies well different outcomes ante record decisionmaking process transfer applicants understandably thin given petitioners never raised narrow tailoring challenge importantly however transfer policy use selection index evaluate transfer applicants rather considers race one many factors making general determination whether applicant make diverse student body ante quoting app etc capitalization omitted limited glimpse transfer policy least permits inference university engages holistic review transfer applications consistent program upheld today grutter bollinger post surmises committee contribute meaningfully university individualized review applications ante take upon apply legal standard undeveloped record given district statement committee may examine number applicants including applicants minority applicants supp ed quite possible factual development reveal committee source individualized consideration sufficient satisfy rule ante concurring determination issue first instance job district record admittedly lacking course might pointless state michigan minorities much smaller fraction population california florida texas brief respondents bollinger et al footnotes breyer joins part opinion see dept commerce bureau census statistical abstract table hereinafter statistical abstract unemployment rate among whites years unemployment rate among respectively among hispanics see dept commerce bureau census poverty table whites hispanics living poverty staveteig wigton racial ethnic disparities key findings national survey america families urban institute report blacks hispanics native americans poverty rates almost twice high asians almost three times high see dept commerce bureau census health insurance coverage table whites without health insurance compared hispanics waidmann rajan race ethnic disparities health care access utilization examination state variation med care res rev average latinos african americans worse health worse access effective health care whites see dept commerce bureau census racial ethnic residential segregation documenting residential segregation frankenberg lee orfield multiracial society segregated schools losing dream http internet materials visited june available clerk case file hites segregated group nation public schools attend schools average eighty percent student body white lmost black latino students attend schools predominantly minority one six black children attend school minority one nine latino students attend virtually minority see ryan schools race money yale urban public schools attended primarily hispanic students students attend schools disproportionately poor score poorly standardized tests far likely drop students attend nonurban see statistical abstract table see holzer career advancement prospects strategies minority workers workers new economy kazis miller eds studies sent matched pairs minority white applicants apparently equal credentials apply jobs whites routinely get interviews job offers either black hispanic applicants bertrand mullainathan emily brendan employable lakisha jamal field experiment labor market discrimination http mincy urban institute audit studies research policy context clear convincing evidence measurement discrimination america fix struyk eds see turner et discrimination metropolitan housing markets national results phase hds pp iii http paired testing two individuals one minority white pose otherwise identical homeseekers visit real estate rental agents inquire availability advertised housing units revealed discrimination still persists rental sales markets large metropolitan areas nationwide turner skidmore mortgage lending discrimination review existing evidence existing research evidence shows minority homebuyers face discrimination mortgage lending see ayres evidence discrimination new car negotiations estimates cause rev study testers negotiated purchase automobiles confirmed earlier finding dealers systematically offer lower prices white males tester types points percentage plans used california florida texas one example alternativ permit college enroll meaningful numbers minority students brief amicus curiae see commission civil rights beyond percentage plans challenge equal opportunity higher education http percentage plans guarantee admission state universities fixed percentage top students high schools state calling plans seems disingenuous unquestionably adopted specific purpose increasing representation hispanics public higher education system brief respondents see horn flores percent plans college admissions comparative analysis three experiences http percentage plans depend effectiveness continued racial segregation secondary school level ensure significant minority enrollment universities high school population large enough guarantee many schools students top minorities moreover plans link college admission single criterion high school class rank create perverse incentives encourage parents keep children segregated schools discourage students taking challenging classes might lower grade point averages see selingo saying solution chronicle higher education june even percentage plans boost sheer numbers minority enrollees undergraduate level touch enrollment graduate professional schools contrary contention suggest changing constitution conforms conduct universities ante view constitution properly interpreted permits government officials respond openly continuing importance race see supra among constitutionally permissible options candidly disclose consideration race seem preferable conceal