Racial and Ethnic Preferences in College Admissions: How Much is Too Much?

Abstract

Two 2003 Supreme Court decisions - Grutter v. Bollinger and Gratz v. Bollinger-considered challenges to the use of racial preferences in the admissions policies of two different colleges at the University of Michigan. Taken together, these two Equal Protection Clause decisions stand for the propositions that the educational benefits resulting from a diverse student body can be a compelling government interest and that race and ethnicity can be used as a plus to promote that interest, but not to the extent that such a preference insulates minority applicants from competition with other applicants and ensures the admission of nearly every minority applicant who is minimally qualified

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