affirmative action Flashcards
Explain Bakke
Set aside 16/100 seats for minority applicants and p claims rejection due to that
what standard of review is used in Bakke
strict scrutiny
holding in Bakke
STRUCK DOWN - the state interest did not justify this program because there had been no prior judicial, administrative, or legislative findings of such discrimination.
what is race conscious ok for
remedy past discrimination and diversity arguments
explain grutter v. bollinger
michigan law school considered race in applications as a plus factor
holding in Grutter v Bollinger
UPHELD policy - you have to consider alternatives and you cannot use a quota system
what standard of review in Grutter
Strict scrutiny
Scalia Dissent in Grutter
Diversity is not an educational benefit that can be legally assessed or taught in law schools
Thomas Dissent in Grutter
affirmative action is negative. Mismatch theory = if affirmative action is in place then law schools admit students who are not prepared or able to succeed.
Explain Gratz v. Bollinger
Michigan undergraduate admissions gave extra 20 points if minority group or athlete on application.
Holding of Gratz v. Bollinger
STRUCK DOWN = this is a race determinative factor and race cannot be determinative of admission
what standard of review is in Gratz
strict scrutiny
Explain Fisher 1
top 10% plan to admit high schoolers to college. Later, university of texas adopted supplemental plan that was a race conscious admissions policy for students not accepted under the top 10% plan
holding of fisher 1
burden on state to show the process is individualistic without making race determinative. Court cannot defer to UT determination that race neutral alternatives are unworkable.
Holding of Fisher II
UPHOLD Policy - compelling state interest and narrowly tailored. onsidered alternatives and seriously tried its bets, Does not need to exhaust all possible race neutral but need to make an effort.
