- Gratz v. Bollinger
SCOTUSCase
Litigants=Gratz v. Bollinger
ArgueDate=April 1
ArgueYear=2003
DecideDate=June 23
DecideYear=2003
FullName=Jennifer Gratz and Patrick Hamacher v.Lee Bollinger , et al.
Citation=123 S. Ct. 2411; 156 L. Ed. 2d 257; 2003 U.S. LEXIS 4801; 71 U.S.L.W. 4480; 91 Fair Empl. Prac. Cas. (BNA) 1803; 84 Empl. Prac. Dec. (CCH) P41,416; 2003 Cal. Daily Op. Service 5362; 16 Fla. L. Weekly Fed. S 387
USVol=539
USPage=244
Prior=Summary judgment granted in part to plaintiffs, 122 F. Supp. 2d 811 (E.D. Mich. 2000); Summary judgment granted to plaintiffs, 135 F. Supp. 2d 790 (E.D. Mich. 2001)
Subsequent=On remand, 80 Fed. Appx. 417 (6th Cir. 2003)
Holding=A state university's admission policy violated the Equal Protection Clause of the Fourteenth Amendment because its ranking system gave an automatic point increase to all racial minorities rather than making individual determinations. Eastern District of Michigan affirmed in part, reversed and remanded.
SCOTUS=1994-2005
Majority=Rehnquist
JoinMajority=O'Connor, Scalia, Kennedy, Thomas
Concurrence=O'Connor
JoinConcurrence=Breyer (in part)
Concurrence2=Thomas
Concurrence3=Breyer
JoinConcurrence2=
Concurrence/Dissent=
JoinConcurrence/Dissent=
Concurrence/Dissent2=
JoinConcurrence/Dissent2=
Dissent=Stevens
JoinDissent=Souter
Dissent2=Souter
JoinDissent2=Ginsburg (in part)
Dissent3=Ginsburg
JoinDissent3=Souter, Breyer (in part)
LawsApplied=U.S. Const. amend. XIV
Superseded=
Overruled="Gratz v. Bollinger", 539 U.S. 244 (
2003 ) [ussc|539|244|Text of the opinion from Findlaw] , was aUnited States Supreme Court case regarding theUniversity of Michigan undergraduateaffirmative action admissions policy. In a 6–3 decision announced onJune 23 ,2003 , the Supreme Court ruled the university's point system was too mechanistic and therefore unconstitutional.Case
The University of Michigan used a 150-point scale to rank applicants, with 100 points needed to guarantee admission. The University gave "underrepresented" ethnic groups, including
African-American s,Hispanic s, and Native Americans, an automatic 20-point bonus on this scale, while a perfect SAT score was worth only 12 points.The petitioners, Jennifer Gratz and Patrick Hamacher, both white residents of
Michigan , applied for admission to theUniversity of Michigan 's College of Literature, Science, and the Arts (LSA). Gratz applied for admission in the fall of1995 and Hamacher in the fall of1997 . Both were subsequently denied admission to the university. Gratz and Hamacher were contacted by theCenter for Individual Rights , which filed a lawsuit on their behalf in October 1997. The case was filed in the United States District Court for the Eastern District of Michigan against the University of Michigan, the LSA, James Duderstadt, and Lee Bollinger. Duderstadt was president of the university while Gratz's application was under consideration, and Bollinger while Hamacher's was under consideration. Their class-action lawsuit alleged "violations and threatened violations of the rights of the plaintiffs and the class they represent toequal protection of the laws under the Fourteenth Amendment... and for racial discrimination."Like "Grutter," the case was heard in District Court, appealed to the
Sixth Circuit Court of Appeals , and asked to be heard before the Supreme Court.Issues of Standing
It has been argued by some that Jennifer Gratz lacked standing to bring this action. Gratz applied in 1995, three years before the University of Michigan adopted its points system. Gratz could not claim injury as a result of the points system, and thus, under traditional legal rules, Gratz lacked standing. Ms. Gratz chose not to attend the University of Michigan by declining the university's offer to be placed on a waiting list. Every Michigan student who agreed to go onto the waiting list in the spring of 1995 was admitted to the University of Michigan for the fall 1995 semester.
The Court's majority found that Gratz and co-plaintiff Hamacher had standing to seek declaratory and injunctive relief, relying on "Northeastern Fla. Chapter, Associated Gen. Contractors of America v. Jacksonville" [ussc|508|656|Text of "Assoc. Gen. Contractors v. Jacksonville"] , which held that the existence of a discriminatory barrier preventing a petitioner from seeking a benefit on an equal basis sufficed to establish injury, regardless of ultimate ability to obtain the benefit.
Decision of the Court
The Court, in a ruling by Chief Justice Rehnquist, held that the policy was unconstitutional::Because the University's use of race in its current freshman admissions policy is not narrowly tailored to achieve respondents' asserted compelling interest in diversity, the admissions policy violates the Equal Protection Clause of the Fourteenth Amendment.The court held a 6-3 opinion in favor of Gratz.
ee also
*"
Grutter v. Bollinger "
*List of United States Supreme Court cases, volume 539 External links
* [http://www.supremecourtus.gov/opinions/02pdf/02-516.pdf Text of June 23, 2003 Supreme Court ruling] (PDF format)
* [http://conlaw.usatoday.findlaw.com/supreme_court/docket/2002/april.html Briefs, Decisions and audio recordings (mp3 & realmedia)]
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