GRATZ VS BOLLINGER 539 U.S.

244 Facts: Michigan University each year receives a high volume of applicants in the college of literature, science, and the arts. The university decided to implement a point system as to better screen out potential applicants that want to enter the University. The point system is out of 100. A student from an underrepresented group will automatically get a score of 20 points in her overall score. African American, Hispanic, and Native American students are usually the group of students that apply. A student with extra ordinary artistic talent only receives 5 points under the admission system. Also every student that is under an underrepresented group, and is otherwise qualified, is typically accepted into school. A group of white students however were denied admissions notwithstanding them qualifying from the University. The petitioners filed a class action that the universitys use of racial preferences in undergraduate admissions is a violation of the equal protection clause. Issue: Whether or not a schools admission policy of racial preference by automatically granting 20 out of 100 points to students of a minority ethnicity is a violation of the equal protection clause of the constitution. - YES Held: The Supreme Court has only upheld that plans within schools or towns where racial discrimination is rampant and was being remedied. They have stated in previous cases that each applicant should be individually assessed. Each student admission should be based on the ability of the student to contribute to the unique setting of higher education and admission system that grants points for applicants based on certain characteristics. Race is not an individual assessment.

When applicants are being chosen for a program and part of the reasoning is based on race, any discrimination made is violation of the Equal Protection Clause of the 14th amendment. White students are being discriminated based on race. They are suspect of discrimination based on race by being more strictly scrutinized. Unless the school can show the system is narrowly tailored to achieve a compelling interest of diversity, the admission system will be considered unconstitutional.