The Diasporist

Archive for the ‘Legal Musings’ Category

Affirmative Action and Justice Thomas’ dissent in Grutter

In Legal Musings on November 16, 2009 at 11:16 pm

This is an informal piece I composed for one of my courses at Georgetown; to facilitate others’ viewing of the piece I am posting it on my ill-updated blog:

Though not referenced directly in our reading, I think this is an appropriate time to discuss affirmative action, an issue which Prof. Seidman discussed at length in lecture, and is of great interest and controversy to all of us.

I reference the case of Grutter v. Bollinger. 539 U.S. 306 (2003). The facts are relatively simple. Grutter was the case against the University of Michigan law school. The plaintiff was a white woman who was denied admission despite having academic qualifications that, she claimed, were more than sufficient to gain admission. She charged that the law school admitted minority students with sharply lower qualifications (an uncontested fact), and further alleged that the school unconstitutionally used racial preference in admitting students. The Supreme Court upheld the law schools admission policy.

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