Grutter v. Bollinger, 539 U.S. 306 (2003), was a landmark case of the Supreme Court of the United States concerning affirmative action in student admissions. The Court held that a student admissions process that favors "underrepresented minority groups" did not violate the Fourteenth Amendment's Equal Protection Clause so long as it took into account other factors evaluated on an individual basis for every applicant. The decision largely upheld the Court's decision in Regents of the University of California v. Bakke (1978), which allowed race to be a consideration in admissions policy but held racial quotas to be unconstitutional. In Gratz v. Bollinger (2003), a separate case decided on the same day as Grutter, the Court struck down a points-based admissions system that awarded an automatic bonus to the admissions scores of minority applicants.
The case arose after a prospective student to the University of Michigan Law School alleged that she had been denied admission because the school gave certain minority groups a significantly greater chance of admission. The school admitted that its admission process favored certain minority groups, but argued that there was a compelling state interest to ensure a "critical mass" of students from minority groups. In a majority opinion joined by four other justices, Justice Sandra Day O'Connor held that the Constitution "does not prohibit the law school's narrowly tailored use of race in admissions decisions to further a compelling interest in obtaining the educational benefits that flow from a diverse student body."
In her majority opinion, O'Connor wrote that "race-conscious admissions policies must be limited in time," adding that the "Court expects that 25 years from now, the use of racial preferences will no longer be necessary to further the interest approved today." Justices Ruth Bader Ginsburg and Stephen Breyer joined the Court's opinion, but did not subscribe to the belief that the affirmative measures in question would be unnecessary in 25 years. In a dissent joined by three other justices, Chief Justice William Rehnquist argued that the university's admissions system was, in fact, a thinly veiled and unconstitutional quota system.
In 2023, the Supreme Court effectively overruled Grutter v. Bollinger in Students for Fair Admissions v. Harvard and Students for Fair Admissions v. University of North Carolina, finding that affirmative action in student admissions violated the Equal Protection Clause of the Fourteenth Amendment.
Dispute
When the University of Michigan Law School denied admission to Barbara Grutter, a Michigan resident with a 3.8 GPA and 161 LSAT score, she filed this suit, alleging that respondents had discriminated against her on the basis of race in violation of the Fourteenth Amendment, Title VI of the Civil Rights Act of 1964, as well as 42 U.S.C. § 1981; that she was rejected because the Law School uses race as a "predominant" factor, giving applicants belonging to certain minority groups a significantly greater chance of admission than students with similar credentials from disfavored racial groups; and that respondents had no compelling interest to justify that use of race. Lee Bollinger (then-President of the University of Michigan), was the named defendant of this case.
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, which is realized within the student body. They argued that this aims to "ensure that these minority students do not feel isolated or like spokespersons for their race; to provide adequate opportunities for the type of interaction upon which the educational benefits of diversity depend; and to challenge all students to think critically and re-examine stereotypes."
Lower courts
In March 2001, U.S. District Court Judge Bernard A. Friedman ruled that the admissions policies were unconstitutional because they "clearly consider" race and are "practically indistinguishable from a quota system." Due to the significance of the case, the Court of Appeals agreed to hear the case en banc. In May 2002, in a closely divided 5–4 ruling, the Sixth Circuit Court of Appeals reversed the decision, citing the Bakke decision and allowing the use of race to further the "compelling interest" of diversity. The plaintiffs subsequently requested the Supreme Court review. The Court agreed to hear the case, the first time the Court had heard a case on affirmative action in education since the landmark Bakke decision of 25 years prior.