Anthony Kennedy in Wikipedia.org political website

On Education: Admissions preference is unconstitutional racial balancing

When the University of Michigan Law School denied admission to Barbara Grutter, a female Michigan resident with a 3.8 GPA, she alleged that the Law School had discriminated against her on the basis of race. The University argued that there was a compelling state interest to ensure a "critical mass" of students from minority groups, particularly African Americans and Hispanics. The Supreme Court upheld the University's admissions policy.

The Court's ruling held that public universities are now allowed to use race as a plus factor in determining whether a student should be admitted. Prior to this case, affirmative action had to correct the effects of historic discrimination. (Majority opinion written by O'Connor, joined by Stevens, Souter, Ginsburg, Breyer).

The dissent argued the Law School's "critical mass" admissions policy was an attempt to achieve an unconstitutional type of racial balancing. (Dissent by Rehnquist, joined by Scalia, Kennedy, and Thomas).

Source: Wikipedia on 2003 SCOTUS 5-4 ruling in Grutter v. Bollinger Jun 23, 1986

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