Reasoning of the Court

In March 2001, U.S. District Court Judge Bernard A. Friedman ruled that the admissions policies were unconstitutional because they consider race and are use a quota system that was previously ruled unconstitutional. In May 2002, the Sixth Circuit Court of Appeals reversed the decision, referred to the Regents of University of California v. Bakke decision allowing the use of race to bring diversity to the school.

In the court's ruling, Justice O'Connor's majority opinion held that the United States Constitution "does not prohibit the law school's narrowly tailored use of race in admissions decisions to further a compelling interest in obtaining the educational benefits that flow from a diverse student body." (http://www.ur.umich.edu/0203/June16_03/14_opinion_law.shtml) She also said that. “in the context of its individualized inquiry into the possible diversity contributions of all applicants, the Law School's race-conscious admissions program does not unduly harm nonminority applicants." (http://www.oyez.org/cases/2000-2009/2002/2002_02_241/) She hoped that one day affirmative action would not be necessary but until that day comes the law schools policy was just a means to bring diversity to the school. The court said that this should not be a permanent policy. The Law School said that it would like to find a race-neutral admissions process and will discontinue its use of racial preferences as soon as possible. "Race-conscious admissions policies must be limited in time. The Court takes the Law School at its word that it would like nothing better than to find a race-neutral admissions formula and will terminate its use of racial preferences as soon as practicable. The Court expects that 25 years from now, the use of racial preferences will no longer be necessary to further the interest approved today." (http://www.experiencefestival.com/a/grutter%20v.%20bollinger%20-%20the%20supreme%20court%27s%20decision/id/5103594)

Public universities and institutes of higher education are now allowed to use race as a factor in their admissions processes. Race may not be the only factor, but may be taken into consideration. As long as the schools admissions process meets those guidelines, the court will uphold it as Constitutional.

http://www.aclu.org/scotus/2002/21845res2003022002241/21845res20030220.html

http://academic.udayton.edu/Race/04needs/affirm14.htm