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Saturday
Jan222005
Saturday, January 22, 2005 at 06:48PM
Under the United States Constitution, a public university may take a
student’s race into account as one of the factors in determining
admission. In the 2003 case of Grutter v. Bollinger, the United States
Supreme Court held that a university’s interest in achieving a racially
diverse student body is a compelling governmental interest for
constitutional purposes, justifying the university’s consideration of
race — along with other factors such as where a student lives, where a
student went to high school and whether the student’s parent is an
alumnus of the university — in the admissions process. U.S.
Supreme Court Justice Sandra Day O’Connor, writing on behalf of the
High Court, emphasized that in the context of higher education, and
taking into account the First Amendment’s value for academic freedom,
the Court had to give some deference to the university’s educational
judgment that racial diversity was essential to the university’s
educational mission. This claim was bolstered in the Friend of the
Court briefs filed by major American businesses such as DaimlerChrysler
and General Motors, high-ranking retired officers, and civilian
military leaders, emphasizing the importance of diversity in training
people to operate in the global marketplace and in fulfilling the
military mission. O’Connor went on to point out that universities
“represent the training ground for a large number of our nation’s
leaders,” and that, “in order to cultivate a set of leaders with
legitimacy in the eyes of the citizenry, it is necessary that the path
to leadership be visibly open to talented and qualified individuals of
every race and ethnicity.” At the same time, the Court held that race
could be considered as only one of the factors in determining
admission, and that it was not constitutionally permissible for a
university to use a racial quota that sets aside a number of places for
minority students or a point system that gives a large number of points
for race or ethnicity. [more]