ERIC Number: ED475066
Record Type: Non-Journal
Publication Date: 2003-Jan
Reference Count: N/A
A Brief for the United States as Amicus Curiae Supporting Petitioner. In the Supreme Court of the United States, Jennifer Gratz and Patrick Hamacher, Petitioners, v. Lee Bollinger, et al. on Writ of Certiorari to the United States Court of Appeals for the Sixth Circuit.
United States Supreme Court, Washington, DC.
This legal document addresses whether the University of Michigan's use of racial preferences in undergraduate admissions violates the Equal Protection Clause of the Fourteenth Amendment, Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d) or 42 U.S.C. 1981. This brief filed in support of the petitioners by the federal government argues that the use of race-based admissions criteria is not justified in light of the ample race-neutral alternatives, noting that: public universities have ample means to ensure that their services are open and available to all Americans; the University's 1995-98 admissions policies were not narrowly tailored because they operated as an express racial quota; and the University's current admissions policy is also unconstitutional (it ignores race-neutral alternatives; it represents a forbidden quota; it would permit race-based discrimination in perpetuity; it places an automatic, inflexible, and disproportionate emphasis on race; and it unfairly burdens innocent third parties). (SM)
Publication Type: Legal/Legislative/Regulatory Materials
Education Level: N/A
Authoring Institution: United States Supreme Court, Washington, DC.
Identifiers - Laws, Policies, & Programs: Bakke v Regents of University of California; Fourteenth Amendment; Gratz et al v Bollinger et al; Grutter et al v Bollinger et al