defunis odegaard argued february decided april denied admission law school petitioner brought suit behalf alone injunctive relief claiming school admissions policy racially discriminated violation equal protection clause fourteenth amendment trial agreed ordered school admit fall washington reversed holding school admissions policy unconstitutional justice douglas circuit justice stayed judgment pending final disposition case result petitioner final school year considered petition certiorari oral argument informed petitioner registered final quarter respondents assured registration fully effective regardless ultimate disposition case held petitioner complete law school end term registered regardless decision might reach merits consistently limitations art iii constitution consider substantive constitutional issues case moot mootness depend upon voluntary cessation school admissions practices upon simple fact petitioner final term school fixed policy permit complete term case presents question capable repetition yet evading review since petitioner never go school admissions process since follow issue petitioner raises future evade review merely case reach eve petitioner graduation josef diamond argued cause petitioners briefs lyle iversen slade gorton attorney general washington argued cause respondents brief james wilson senior assistant attorney general briefs amici curiae urging reversal filed milton smith gerard smetana jerry kronenberg chamber commerce albert woll laurence gold thomas harris american federation labor congress industrial organizations theodore mann american jewish congress david caplan jewish rights council anthony fornelli thaddeus kowalski samuel rabinove advocate society et al alexander bickel philip kurland larry lavinsky arnold forster league briefs amici curiae urging affirmance filed william brown attorney general andrew ruzicho earl manz stephen simmons assistant attorneys general state ohio john harris city seattle fletcher baldwin chesterfield smith american bar assn archibald cox james bierman james sharaf daniel steiner president fellows harvard college harold flannery center law education harvard university frank askin norman amaker board governors rutgers state university new jersey et al edgar cahn jean camper cahn deans antioch school law erwin griswold clifford alloway association american law schools john holt myers association american medical colleges howard glickstein group law school deans harry reese peter martin law school admission council sanford jay rosen herbert teitelbaum melvin wulf mexican american legal defense educational fund et al cruz reynoso robert mckay council legal education opportunity roswell perkins kenneth bass iii david tatel stephen browning lawyers committee civil rights law jack greenberg james nabrit iii charles stephen ralston jeffry mintz louis pollak john baker naacp legal defense educational fund derrick bell national conference black lawyers bruce greene herbert becker american indian law students et al clifford sweet lyonel jones dennis yeager richard larson nathaniel jones michael terry joseph matera christopher brown legal aid society alameda county et al peter van lockwood david bonderman sylvia roberts david rubin national organization women legal defense education fund et al joseph rauh national council jewish women et al per curiam petitioner marco defunis applied admission student university washington law school institution size incoming class limited persons law school received applications places defunis eventually notified denied admission thereupon commenced suit washington trial contending procedures criteria employed law school admissions committee invidiously discriminated account race violation equal protection clause fourteenth amendment constitution defunis brought suit behalf alone representative class various respondents officers faculty members members board regents university washington asked trial issue mandatory injunction commanding respondents admit member class entering september ground law school admissions policy resulted unconstitutional denial application admission trial agreed claim granted requested relief defunis accordingly admitted law school began legal studies fall appeal washington reversed judgment trial held law school admissions policy violate constitution time defunis second year law school petitioned writ certiorari justice douglas circuit justice stayed judgment washington pending final disposition case virtue stay defunis remained law school first term third final year first considered certiorari petition fall concern defunis standing law school might rendered case moot requested parties brief question mootness acted petition response sides contended case moot respondents indicated decision washington permitted stand petitioner complete term enrolled apply faculty permission continue school register another term granted petition certiorari november case due course orally argued february response questions raised bench oral argument counsel petitioner informed defunis registered final quarter law school counsel respondents made clear law school way seek abrogate registration light defunis recent registration last quarter final law school year law school assurance registration fully effective insistent question arises whether case moot question turn starting point analysis familiar proposition federal courts without power decide questions affect rights litigants case north carolina rice inability federal judiciary review moot cases derives requirement art iii constitution exercise judicial power depends upon existence case controversy liner jafco see also powell mccormack sibron new york although matter washington state law appears case saved mootness great public interest continuing issues raised appeal fact remains art iii ven cases arising state courts question mootness federal one federal must resolve assumes jurisdiction north carolina rice supra respondents represented without regard ultimate resolution issues case defunis remain student law school duration term already enrolled since registered final term evident given opportunity complete academic requirements graduation receive diploma regardless decision might reach merits case short parties agree defunis entitled complete legal studies university washington receive degree institution determination legal issues tendered parties longer necessary compel result serve prevent defunis cast suit class action remedy requested injunction commanding admission law school accorded remedy also irrevocably admitted final term final year law school course controversy parties thus clearly ceased definite concrete longer touch es legal relations parties adverse legal interests aetna life ins haworth matters circumstances partially stem policy decision part respondent law school authorities respondents counsel attorney general state professionally represented event status defunis affected view might express merits controversy settled practice contexts less significant fully accept representations parameters decision see gerende election board whitehill elkins ehlert cf law students research council wadmond line decisions standing proposition voluntary cessation allegedly illegal conduct deprive tribunal power hear determine case make case moot grant freight walling helmerich payne gray sanders phosphate export decisions doctrine reflect quite relevant question mootness arisen reason unilateral change admissions procedures law school admissions procedures target litigation voluntary cessation admissions practices complained make case moot said assurance reasonable expectation wrong repeated grant supra otherwise defendant free return old ways fact enough prevent mootness public interest legality practices settled ibid mootness present case depends upon voluntary cessation admissions practices subject litigation depends instead upon simple fact defunis final quarter final year course study settled unchallenged policy law school permit complete term enrolled might also suggested case presents question capable repetition yet evading review southern pacific terminal icc roe wade thus amenable federal adjudication even though might otherwise considered moot defunis never required run gantlet law school admission process question certainly capable repetition far concerned moreover particular case reach eve petitioner graduation law school hardly follows issue raises future evade review admissions procedures law school remain unchanged reason suppose subsequent case attacking procedures come relative speed washington spoken case therefore way presents exceptional situation southern pacific terminal doctrine might permit departure usual rule federal cases actual controversy must exist stages appellate certiorari review simply date action initiated roe wade supra munsingwear petitioner complete law school studies end term registered regardless decision might reach merits litigation conclude consistently limitations art iii constitution consider substantive constitutional issues tendered parties accordingly judgment washington vacated cause remanded proceedings may deemed appropriate ordered footnotes contrast response petition certiorari respondents stated defunis complete third year law school awarded degree end academic year regardless outcome appeal memorandum question mootness counsel respondents unequivocally stated defunis registers spring quarter existing order registration period february march registration canceled unilaterally university regardless outcome litigation response inquiry counsel respondents advised changes made admissions procedures applicants seeking admission university washington law school academic year commencing september respondents counsel however changes affect policy challenged petitioners special consideration still given applicants certain ethnic groups suggested dissent ny number unexpected events illness economic necessity even academic failure might prevent graduation end term post speculative contingencies afford basis passing substantive issues petitioner us decide hall beals absence evidence prospect immediacy reality golden zwickler maryland casualty pacific coal oil justice douglas dissenting agree justice brennan case moot significance issues raised think important reach merits university washington law school received applications admission class beginning september spaces available students order enroll number school eventually offered admission applicants applicants put two groups one considered minority admissions program offered admission indicated optional question application dominant ethnic origin either black chicano american indian filipino four groups included minority admissions program answers optional question apparently sole basis upon eligibility program determined eighteen actually enrolled law school general admissions process proceeded follows index called predicted first year average average calculated applicant basis formula combining applicant score law school admission test lsat grades last two years college basis experience previous years applications admissions committee consisting faculty administration students concluded outstanding applicants averages highest average applicant applicants averages considered applications arrived random distribution files members committee read report recommendations back committee result first three committee meetings february march april applicants group admitted although virtually applicants offered admission early final conclusion admissions process august applicants averages admitted including applicants averages applicants averages also beginning early admissions process culling applicants averages reviewed chairman admissions committee authority reject summarily without consideration rest committee small number applications saved chairman committee consideration basis information file indicating greater promise suggested average finally early months committee accumulated applications averages considered later time applications received thus compared one another since defunis average middle group beginning may meeting committee considered middle group applicants whose folders randomly distributed committee members recommendations committee also considered time remaining applicants averages summarily rejected averages summarily admitted instead held consideration committee member consider applications competitively following rough guidelines proportion offered admission committee extended offers admission somewhat applicants waiting list constructed fashion divided four groups ranked committee assessment applications defunis waiting list ranked lowest quarter ultimately told august room applicants indicated application forms either black chicano american indian filipino treated differently several respects whatever averages none given committee chairman consideration summary rejection distributed randomly among committee members consideration along applications instead applications black students assigned separately two particular committee members black law student committee professor committee worked previous summer special program disadvantaged college students considering application law school applications among three minority groups assigned assistant dean committee minority applications considered competitively one another never directly compared remaining applications either subcommittee full committee admissions process generally committee sought find within minority category persons thought highest probability succeeding law school reviewing minority applications committee attached less weight average making total judgmental evaluation relative ability particular applicant succeed law school publicly distributed guide applicants committee explained applicant racial ethnic background considered one factor general attempt convert formal credentials realistic predictions minority applicants admitted procedure averages defunis averages thus ordinarily summarily rejected chairman also nonminority applicants admitted averages defunis returning veterans see supra others presumably admitted factors applications made attractive candidates despite relatively low averages reasonable conclude facts factors considered committee occasion crucial average applicants heavily weighted factor extremes virtually dispositive different balance apparently struck however regard minority applicants indeed oral argument respondents counsel advised us minority applicants considered procedure generally used none eventually enrolled law school admitted educational policy choices confronting university admissions committee ordinarily subject judicial oversight clearly us law school decide tests employ heavily weigh recommendations professors undergraduate grades level achievement chosen criteria sufficient demonstrate candidate qualified admission places case special category fact school choose one set criteria two determined apply given applicant basis race committee adopted policy order achieve reasonable representation minority groups law school although may speculated committee sought rectify perceived cultural racial biases lsat candidates undergraduate records record case devoid evidence bias school sought justify procedures basis although testifying quota law school dean explained want reasonable representation go reach without taking people unqualified absolute sense statement facts unqualified absolute sense dean meant candidates reasonable probable likelihood chance succeeding study law ibid dean conceded reaching school take minority students least viewed group less likelihood majority student group taken whole made application go law school saying taking best qualified total total using definition yes ii time law schools follow advice wigmore believed way find whether boy makings competent lawyer see first year law studies wigmore juristic psychopoyemetrology find whether boy makings lawyer rev days enough spaces admit every applicant met minimal credentials given opportunity prove law school many law schools found admit minimally qualified applicants selection process began pressure use kind admissions test mounted number schools instituted one early precursor modern day lsat law aptitude examination wigmore conducted study test student volunteers concluded substantial practical value conclusions accepted harried law schools still sought kind admissions test simplify process judging applicants lsat born us ever since test purports predict successful applicant first year law school consists hours worth questions answers student give question limited creativity intelligence student better original understanding problem may realize none alternative answers good way demonstrate understanding obvious nature tests give candidate significant opportunity express subtle choice answers go yet way show individuality nonconformist unusual original creative many truly important people must stifle impulses conform best norms testers set unimaginative scientific way profoundly gifted candidate resentment rise mental strait jacket testers force mind hoffmann tyranny testing make tests law schools use point course high correlations test scores grades law school first year winterbottom comments study criteria legal education admission bar article thomas goolsby legal ed certainly tests seem better chance value deceptively precise scoring system suggests proponents data show example scoring bottom test better law school indeed six every top law school class one knows many admitted test scores fact done well given chance many relevant factors motivation cultural backgrounds specific minorities test measure inevitably must impair value predictor course law school admits highest test scores finds average much better thus test convenient tool admissions committee price paid able student unknown reasons achieve high score perhaps even minority different cultural background tests least past aimed eliminating jews school safely conclude applicant score admitted one score problem many cases choice numbers create illusion difference tending overwhelm factors wiser testers well aware defects format danger placing reliance one method assessment exclusion others distressing little caveats impressed people succumb propaganda use tests mechanically though valid substitute judgment hoffmann supra course tests thing considered combined prelaw grades produce new number called average grades problems one school another school even extent formula predicts law school grades value limited law student lower grades may long pull legal career surpass top class aw school admissions criteria operated within hermetically sealed system beginning leak traditional combination lsat gpa undergraduate grade point average may provided acceptable predictors likely performance law school past clear evidence lsat gpa provide particularly good evaluators intrinsic enriched ability individual perform law student lawyer functioning society undergoing change clear evidence grades evaluators law school performance bar examination particularly good predictors competence success lawyer rosen equalizing access legal education special programs law students admissible traditional criteria tol rev whatever techniques law school must make choices neither party challenged validity average employed admissions tool therefore consideration possible deficiencies presented issue law school presented evidence show adjustments process employed used order validly compare applicants different races instead chose avoid making comparisons finally although committee consider information files applicants law school made effort show additional factors admitted minority applicants otherwise rejected contrary school appears conceded assessment taking factors account admitted minority applicants rejected white choice evaluate law school case made iii equal protection clause enact requirement law schools employ sole criterion admissions formula based upon lsat undergraduate grades prohibit law schools evaluating applicant prior achievements light barriers overcome black applicant pulled ghetto junior college may thereby demonstrate level motivation perseverance ability lead fairminded admissions committee conclude shows promise law study son rich alumnus achieved better grades harvard applicant offered admission black individual shown potential harvard man may taken less advantage vastly superior opportunities offered weight prior handicaps black applicant may realize full potential first year law school even full three years long pull legal career achievements may far outstrip classmates whose earlier records appeared superior conventional criteria currently test available admissions committee predict possibilities assurance committee may nevertheless seek gauge best weigh factor decisions policy limited blacks chicanos filipinos american indians although undoubtedly groups may practice principal beneficiaries poor appalachian white second generation chinese san francisco american whose lineage diverse defy ethnic labels may demonstrate similar potential thus accorded favorable consideration committee difference policy one presented case committee making decisions basis individual attributes rather according preference solely basis race sure racial preference absolute committee admit applicants four favored groups accord applicants preference applying extent precisely ascertainable record different standards judge applications result committee admitted minority applicants school judgment less promising applicants rejected furthermore apparent admissions committee compared minority applicants one another necessary reserve proportion class even outset precise number places set aside proportion apparently chosen school determined reasonable although explanation provided number rather found appropriate without becoming embroiled semantic debate whether practice constitutes quota clear given limitation total number applicants accepted policy reduce total number places defunis compete solely account race thus washington concluded whatever label one wishes apply minority admissions policy certainly benign respect nonminority students displaced finding state school employed racial classification selecting students subjects strictest scrutiny equal protection clause consideration race measure applicant qualification normally introduces capricious irrelevant factor working invidious discrimination anderson martin loving virginia harper virginia board elections race starting point educators courts immediately embroiled competing claims different racial ethnic groups make difficult manageable standards consistent equal protection clause clear central purpose fourteenth amendment eliminate official state sources invidious racial discrimination loving supra law school admissions policy reconciled purpose unless cultural standards diverse rather homogeneous society taken account reason professional persons particularly lawyers selected life computerized society indian walks beat chief seattle muckleshoot tribe washington different culture examiners law schools key problem consideration application racially neutral way since lsat reflects questions touching cultural backgrounds admissions committee acted properly view setting minority applications apart separate processing minorities cultural backgrounds vastly different dominant caucasian many eskimos american indians filipinos chicanos asian indians burmese africans come disparate backgrounds test sensitively tuned applicants wide mark many minorities melting pot designed homogenize people making uniform consistency melting pot understand figure speech depicts wide diversities tolerated first amendment one flag see morison commager growth american republic viii ed minorities midst serve actively public affairs chosen talent character alone cultural orientation leanings know coming indian country washington many young indians know little adam smith karl marx deeply imbued spirit philosophy chief robert jim yakimas chief seattle muckleshoots chief joseph nez perce offer competitive attitudes towards life fellow man nature know extent blacks country imbued ideas african socialism leopold senghor sekou toure articulate african leaders held modern african political philosophy oriented either marxism capitalism far reintroduction educational curricula ancient african art history reached minds young know least respects indians blacks chicanos well asian cultures think separate classification applicants warranted lest race subtle force eliminating minority members cultural differences insofar lsat reflect dimensions orientation organization man disservice minorities personally know admissions tests used eliminate jews many minorities aim know reaction presence lsat sufficient warrant school put racial minorities separate class order better probe capacities potentials merits present controversy view resolved record trial involve disclosure hidden prejudices certain minorities manner substitute measurements one talents character employed conventional tests agree majority washington record said law school selection racially neutral case view remanded new trial consider inter alia whether established lsat eliminated far racial minorities concerned mean separate lsat must designed minority racial groups although might possibility reason separate treatment minorities class make certain racial factors militate applicant behalf constitutional right race preferred years slavery retard progress blacks even greater wrong done whites creating arrogance instead humility encouraging growth fiction superior race superior person constitutional standards defunis white entitled advantage reason fact subject disability matter race color whatever race constitutional right application considered individual merits racially neutral manner slate entirely clean first held pro rata representation races required either juries see cassell texas public schools swann board education moreover hughes superior reviewed contempt convictions pickets sought demonstration force employer prefer negroes whites hiring clerks order ensure employees negro finding california constitutionally enjoin picketing involved quoted opinion california noted pickets make right work lucky dependent fitness work equal right regardless race compete open market rather membership particular race petitioners upheld demand races white yellow brown red equal rights demand discriminatory hiring racial basis noted deny california right ban picketing circumstances case mean prohibition pressure picketing secure proportional employment ancestral grounds hungarians cleveland poles buffalo germans milwaukee portuguese new bedford mexicans san antonio numerous minority groups new york whole gamut racial religious concentrations various cities obviously problem solved next year law school included japanese chinese norwegians swedes poles italians puerto ricans hungarians groups form diverse nation complaints key problem consideration applications racially neutral way abolition lsat start invention substitute tests might made get measure applicant cultural background perception ability analyze relation groups highly subjective unlike lsat concealed open law school bound legal principle admit students mechanical criteria insensitive potential applicant may realized hospitable environment necessary approach put effort assessing individual required lsat scores undergraduate grades dominate selection process interviews applicant others know test schools currently run summer programs potential students likely bypassed conventional admissions criteria given opportunity try hand law courses certainly performance programs weighed heavily moreover bar considering individual prior achievements light racial discrimination barred way factor attempting assess true potential successful legal career bar considering individual basis rather according racial classifications likelihood particular candidate likely employ legal skills service communities adequately represented competing candidates every student benefited expanded admissions program fall one four racial groups involved drawback deserving applicants also get opportunity otherwise denied certainly program substantially fulfill law school interest giving diverse group access legal profession program might less convenient administratively simply sorting students race never held administrative convenience justify racial discrimination argument compelling state interest easily justify racial discrimination practiced many compelling give members one race even pro rata representation public payrolls might deluged say chicanos group poorest poor need work others leaving desperately poor individual blacks whites without employment token large quotas blacks browns added bar waiving examinations required groups better racially balanced state however may proceed racial classification force strict population equivalencies every group every occupation overriding individual preferences equal protection clause commands elimination racial barriers creation order satisfy theory society organized purpose university washington produce black lawyers blacks polish lawyers poles jewish lawyers jews irish lawyers irish produce good lawyers americans place first amendment barriers anyone point heart school desegregation cases brown board education swann board education segregated admissions process creates suggestions stigma caste less segregated classroom end may produce result despite contrary intentions one assumption must clearly disapproved blacks browns make individual merit stamp inferiority state permitted place lawyer discrimination based race constitutionally permissible hold reins come compelling reasons justify constitutional guarantees acquire quality speech closely brigaded action triggers fight chaplinsky new hampshire shouting fire crowded theater triggers riot may well racial strains racial susceptibility certain diseases racial sensitiveness environmental conditions races experience may extreme situation justify differences racial treatment fairminded person call invidious discrimination mental ability category races compete fairly professional levels far race concerned preference one race another competition view invidious violative equal protection clause problem tendered case important crucial operation constitutional system educators must given leeway may well whole congeries applicants marginal group defy known methods selection conceivably admissions committee might conclude selection lot say last seats fair solution courts educators expertise limited task ends inquiry whether judged main purpose equal protection clause protection racial discrimination invidious discrimination different case suit one displace applicant chosen lieu defunis record show concerning potentials considered weighed educational decision provided proper guidelines used reflect expertise courts honor problem tendered physical facilities apparently adequate take defunis addition others view say tests used applied invidiously discriminated race conclude admissions procedure law school university washington excluded defunis violative equal protection clause fourteenth amendment judgment washington vacated case remanded new trial appendix opinion douglas dissenting admissions objectives admissions program select admit applicants best prospect high quality academic work law school minority admissions program described objective stated measuring academic potential law school relies primarily undergraduate average performance law school admission test lsat weighting two indicators determined statistically reference past experience school applicants resulting applicant ranking nearly accurate available measures relative academic potential truly exceptional cases numerical indicators clearly appear inaccurate measure academic potential admission decision indicated alone may altered consideration factors listed number truly exceptional cases particular year fall somewhere zero approximately forty factors used however aid assessing applicant academic potential totality without undue emphasis reliance upon one without attempt quantify advance strength application singly whole particular case difficulty ease undergraduate curriculum track pursued demanding quality undergraduate school department attainment advanced degree nature thereof difficulty ease attainment applicant pursuits subsequent attainment undergraduate degree degree success therein bearing applicant academic potential possibility applicant many years away academic work may less well lsat counterpart presently recently academic work substantial change mental physical health indicates prospect either higher lower quality academic work substantial change economic pressures circumstances indicates prospect either higher lower quality academic work exceptionally good bad performance upon writing test ingredient lsat current year weighting numerical indicators otherwise take writing score account quality strength recommendations bearing upon applicant academic potential objective indicators motivation succeed academic study law variations level academic achievement time indicators serve objective stated certain ethnic groups society historically limited access legal profession resulting underrepresentation affect quality legal services available members groups well limit opportunity full participation governance communities faculty recognizes special obligation admissions policy contribute solution problem qualified minority applicants therefore admitted minority admissions program number entering class reasonable proportion minority persons view obligation stated overall objective law school provide legal education qualified persons generally purpose determining number specially admitted program ceiling minority admissions generally faculty currently believes approximately percent reasonable proportion sufficient qualified applicants available minority admissions program admission offered applicants reasonable prospect academic success law school determined case considering numerical indicators along listed factors section without regard restriction upon number contained section particular internal percentage proportion among various minority groups entering class specified rather law school strives reasonable internal balance given particular makeup year applicant population ethnic groups within scope minority admissions program may appropriate give preference degree residents state determination made year view particulars year situation preference given necessary meet substantial local need minority representation grades calculated conventional scale lsat scored scale ranging writing test given day lsat administered also included formula scored scale admissions committee combines scores average calculating sum average lsat score writing test score app brief discussion use lsat combination undergraduate grades predict law school success see comments study criteria legal education admission bar article thomas goolsby legal ed substantial group admitted point military applicants students previously admitted school either unable come forced leave tenure draft given preferential treatment upon reapplication completing military obligation since neither party raised issue concerning group applicants remaining consideration admissions procedure discuss four minority applicants also admitted time although none apparently scores app admission presumably pursuant procedure minority applicants described council legal education opportunities program federally funded office economic opportunity sponsored american bar association association american law schools national bar association law school admissions council testimony chairman admissions committee statement facts guide applicants explained gauged potential outstanding performance law school existence high test scores grade point averages also careful analysis recommendations quality work difficult analytical seminars courses writing programs academic standards school attended applicant applicant graduate work nature applicant employment since graduation applicant ability make significant contributions law school classes community large assessed factors extracurricular community activities employment general background gave preference discriminate either washington residents women making determinations applicant racial ethnic background considered one factor general attempt convert formal credentials realistic predictions respondents provided following table response interrogatory proceedings state predicted number number first year averages applications received accepted app although apparently evidence point record respondents suggest least eight students also admitted preferential basis brief respondents bureau census census population general population characteristics washington final report pc table history gradual acceptance among law schools standardized tests admission tool see ramsey law school admissions science art hunch legal ed survey use lsat american law schools see lunneborg radford lsat survey actual practice legal ed rock motivation moderators test bias tol rev outset committee may chosen range precise number determined later process total number minority applicants tentative assessment quality determined appears current articulated policy see app opinion advised respondents represents formal statement policy effect represent change policy letter dated march fact committee set precise number advance obviously irrelevant legal analysis matter minimal level achievement committee reach order achieve stated goal proportion class reserved minority groups long committee willing order achieve goal admit minority applicants committee judgment less qualified rejected applicants otherwise admitted see supra app opinion uncommon controversy report prepared american friends service committee see fee chief joseph biography great indian see brockway african socialism african socialism friedland rosberg ed see senghor african socialism cook ed faced situation barriers overtly covertly put path members one racial group required others also showing purpose school policy eliminate arbitrary irrelevant barriers entry certain racial groups legal profession groups griggs duke power swann board education stated matter educational policy school authorities within broad discretion specify school within district prescribed ratio negro white students reflecting proportion district whole order disestablish dual school system crucial difference policy suggested swann consideration swann policy impinge person constitutional rights one excluded public school one right attend segregated public school sweatt held state justify denying black admission regular law school creating new law school blacks held new law school meet requirements equality set forth plessy ferguson student said entitled legal education equivalent offered state students races education available separate law school offered state cases involved exercise war power great leveler rights navy sunk pearl harbor one knew japanese fleet advised oral argument japanese landed troops west coast nothing stop west rockies military judgment aid prospective defense west coast enclaves americans japanese ancestry moved inland lest invaders donning civilian clothes wreak even serious havoc western ports decisions extreme went verge wartime power severely criticized however easy retrospect denounce done actually attempted japanese invasion country joint chiefs staff worrying japanese soldiers landing west coast actually landing burma kota bharu malaya making plans defense nation knowledge planning worst moreover day decided korematsu also decided ex parte endo holding evacuation americans japanese ancestry allowable extreme war conditions detention evacuation said citizen concededly loyal presents problem espionage sabotage loyalty matter heart mind race creed color loyal definition spy saboteur power detain derived power protect war effort espionage sabotage detention relationship objective unauthorized see supra johnson committee examinations denied certiorari case presenting similar issue petitioner claimed bar examiners reconsidered papers submitted failing minority applicants whose scores close cutoff point result minority applicants admitted bar although initially examination scores lower white applicants failed arizona denied johnson admission summarily original proceeding judicial findings either sustaining rejecting factual claims racial bias putting case awkward posture review johnson subsequently brought civil rights action federal district seeking damages injunctive relief district dismissed action appeals affirmed holding lower federal courts jurisdiction review decisions arizona admissions state bar johnson sought review denied motion leave file petition mandamus prohibition certiorari february johnson wilmer thus entire history case ever actually sustained johnson factual contentions concerning racial bias bar examiners procedures defunis thus appears first case squarely presenting problem underlying cultural background tests potential ideological issues plagued bar associations courts summers involved denial practice law man conscientiously bear arms vote five four konigsberg state bar followed remand konigsberg state bar resulted barring one admission state bar refusal answer questions concerning communist party membership excluded five four petitioner schware board bar examiners however admitted practice even though years earlier member communist party anastaplo decision barred man admission state bar invoked fifth amendment asked membership communist party asserted first fourteenth amendments protected inquiry baird state bar arizona held divided vote person kept state bar refusing answer whether ever member communist party see stolar see slaughter house cases wall justice brennan justice douglas justice white justice marshall concur dissenting respectfully dissent many weeks school term remain petitioner may receive degree despite respondents assurances petitioner allowed complete term schooling regardless decision number unexpected events illness economic necessity even academic failure might prevent graduation end term misfortune befall petitioner required register yet another term prospect face hurdle admissions policy real fanciful respondents warn defunis take appropriate action request continued admission remainder law school education discretionary action university request taken respondents memorandum question mootness emphasis supplied thus respondents assurances dissipated possibility petitioner might run gantlet university allegedly unlawful admissions policy therefore proceeds erroneous premise resting mootness holding supposed inability render judgment may affect one way petitioner completion law studies surely reverse washington insure reason petitioner graduate spring entitled later time basis others faced hurdle university allegedly unlawful admissions policy circumstances university position implies concession admissions policy unlawful controversy falls squarely within long line decisions holding ere voluntary cessation allegedly illegal conduct moot case phosphate export see gray sanders grant walling helmerich payne ftc goodyear tire rubber freight since respondents voluntary representation permit petitioner complete term studies respondents borne heavy burden phosphate export supra demonstrating even mere possibility petitioner subject challenged admissions policy grant supra contrary respondents positioned free return old ways thus find justification straining rid dispute must vigilant require litigants maintain personal stake outcome controversy assure questions framed necessary specificity issues contested necessary adverseness litigation pursued necessary vigor assure constitutional challenge made form traditionally thought capable judicial resolution flast cohen want adversary contest case indeed concedes petitioner lost stake controversy registered spring term petitioner took action case fully litigated state courts briefs filed oral argument heard case thus ripe decision fully developed factual record sharply defined fully canvassed legal issues cf sibron new york moreover endeavoring dispose case moot clearly disserves public interest constitutional issues avoided today concern vast numbers people organizations colleges universities evidenced filing amicus curiae briefs constitutional questions recent history stirred much debate disappear must inevitably return federal courts ultimately cf richardson wright dissenting opinion avoidance repetitious litigation serves public interest inevitability counsels mootness determinations compelled record cf grant supra parker ellis dissenting opinion although course avoid unnecessary decisions constitutional questions transform principles avoidance constitutional decisions devices sidestepping resolution difficult cases cf cohens virginia wheat marshall appears case find extant controversy decide merits important constitutional questions presented