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Barbara Grutter case

 

"(Grutter v., 1) This Law is claimed to have been violated on the grounds that the University of Michigan as a state institution receives federal funds, thus it cannot be discriminatory and it must comply with all federal regulations, (as opposed to some private institutions that have a bit more freedom with who they admit). Finally, 42 U.S.C 1981 (a)(2000) states that: "All persons within the jurisdiction of the United States shall have the same right in every State and Territory to make and enforce contracts, and to the full and equal benefit of all laws and proceedings for the security of person and property-(Grutter v., 1) These aforementioned laws are the guidelines by which the majority of the circuit courts have based their rulings, however, questions still remain as to the validity of the rulings and about the actual admission process and race's role in this process. .
             The University of Michigan has never tried to hide the fact that race plays a role in their admissions process and in fact, the Law School's Policy has the racial "preference" system that has been in effect since 1992 outlined in great detail.(Grutter v., 4) The question is not whether the school considers race in their admissions process, rather how much do they weigh the race of the applicant in a decision? Is the weight of the applicant's race greater than the weight carried by high LSAT and other tests" scores? Lower Circuit and District courts have focused on a number of issues at the core of this particular case, namely; whether or not diversity was a compelling enough reason to include race as a factor in admissions; whether or not rectifying past discrimination was weight enough to include race as a "plus" factor in admissions; and does the University need to recognize race as a factor in order to "level the playing field" in the admissions process to students of minority background. The District Court's finding was that the policy regarding race in admissions was not narrowly tailored enough to effectively provide an outcome that would make a case for race being considered.


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