Gratz v. Bollinger
Encyclopedia
Gratz v. Bollinger, 539 U.S. 244
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...

 (2003), was a United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...

 Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...

 case regarding the University of Michigan
University of Michigan
The University of Michigan is a public research university located in Ann Arbor, Michigan in the United States. It is the state's oldest university and the flagship campus of the University of Michigan...

 undergraduate affirmative action
Affirmative action
Affirmative action refers to policies that take factors including "race, color, religion, gender, sexual orientation or national origin" into consideration in order to benefit an underrepresented group, usually as a means to counter the effects of a history of discrimination.-Origins:The term...

 admissions policy. In a 6–3 decision announced on June 23, 2003, the Chief Justice Rehnquist, writing for the Court, ruled the University's point system's "predetermined point allocations" that awarded 20 points to underrepresented minorities "ensures that the diversity contributions of applicants cannot be individually assessed" and was 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-Americans, Hispanic
Hispanic
Hispanic is a term that originally denoted a relationship to Hispania, which is to say the Iberian Peninsula: Andorra, Gibraltar, Portugal and Spain. During the Modern Era, Hispanic sometimes takes on a more limited meaning, particularly in the United States, where the term means a person of ...

s, and Native Americans
Native Americans in the United States
Native Americans in the United States are the indigenous peoples in North America within the boundaries of the present-day continental United States, parts of Alaska, and the island state of Hawaii. They are composed of numerous, distinct tribes, states, and ethnic groups, many of which survive as...

, 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
Michigan
Michigan is a U.S. state located in the Great Lakes Region of the United States of America. The name Michigan is the French form of the Ojibwa word mishigamaa, meaning "large water" or "large lake"....

, applied for admission to the University of Michigan
University of Michigan
The University of Michigan is a public research university located in Ann Arbor, Michigan in the United States. It is the state's oldest university and the flagship campus of the University of Michigan...

's College of Literature, Science, and the Arts (LSA). Gratz applied for admission in the fall of 1995 and Hamacher in the fall of 1997. Both were subsequently denied admission to the university. Gratz and Hamacher were contacted by the Center for Individual Rights
Center for Individual Rights
The Center for Individual Rights is a non-profit public interest law firm in the United States. Based in Washington, D.C., the firm is "dedicated to the defense of individual liberties against the increasingly aggressive and unchecked authority of federal and state governments." The Center is...

, 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 to equal protection of the laws under the Fourteenth Amendment
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...

... and for racial discrimination."

Like Grutter
Grutter v. Bollinger
Grutter v. Bollinger, 539 U.S. 306 , was a case in which the United States Supreme Court upheld the affirmative action admissions policy of the University of Michigan Law School...

, 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 legal standing
Standing (law)
In law, standing or locus standi is the term for the ability of a party to demonstrate to the court sufficient connection to and harm from the law or action challenged to support that party's participation in the case...

 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 Americ

See also


Further reading

  • Perry, Barbara A.
    Barbara A. Perry
    Dr. Barbara A. Perry, a U.S. Supreme Court and presidency expert, as well as a biographer of the Kennedys, is a Senior Fellow at the University of Virginia's Miller Center and is the former Carter Glass Professor of Government and founding director of the Center for Civic Renewal at Sweet Briar...

     The Michigan Affirmative Action Cases University Press of Kansas: 2007. ISBN 978-0-7006-1549-0.

External links

The source of this article is wikipedia, the free encyclopedia.  The text of this article is licensed under the GFDL.
 
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