Grutter V. Bollinger (2003) Introduction Term Paper

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Supreme Court Decision -- The majority opinion of the Court, authored by Justice Sandra Day O'Connor, held that the school's use of race as a partial criteria in addressing a social policy for the school was valid, and the Constitution does not legally prohibit a narrowly tailored use of race in the decision making process of admission. This reaffirmed that public universities and other public institutions can use race as a plus factor in admissions -- it may not be the only factor, but it may be a contributing factor. Dissent in the case was written by Justice Clarence Thomas, who found that the process of using race as a positive for admission was just as illegal as using it for a negative. If, they concluded, higher institutions had to resort to using race as a factor for admission in order to create "balance," then the institution's admissions policies were flawed (Grutter v. Bollinger).

Implications- The Grutter case questions merit in admission and congronts both testing bias on the GRE, MCAT, and LSAT tests based on access to appropriate levels of preparation in schools.

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It also questions whether it still remains necessary to mandate a robust racial policy, or whether admission to schools should be solely based on test scores, interviews, and resume offerings. Certainly, the admissions process to a major institution or professional school should be rigorous, in some cases the person who stays in to read or study, or those that focus on academics to the relative ouster of other subjects may actually be doing themselves a disservice if they are White.

REFERENCES

The VII of the Civil Rights Act of 1964. (1964). Retrieved October 2010, from U.S. Equal Employment Opportunity Commission: http://www.eeoc.gov/laws/statutes/titlevii.cfm

The Grutter Decision. (2002, September 3). Retrieved October 2010, from Michigan Daily: http://www.michigandaily.com/content/grutter-decision

Grutter v. Bollinger, 539 U.S. 206 (U.S. Supreme June 23, 2003).

Randall, V. e. (2010, March 10). Gritter v. Bolliner. Retrieved October 2010, from University of Dayton:….....

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