Gratz v. Bollinger

Summary

Chief Justice Rehnquist's majority opinion held that Hamacher had standing to pursue prospective relief and could represent the certified class challenging Michigan's undergraduate admissions policies. Although educational diversity could constitute a compelling interest, automatically awarding every underrepresented minority applicant 20 points lacked the individualized consideration required by narrow tailoring and violated equal protection, Title VI, and § 1981. The Court reversed the portion of the District Court's decision granting respondents summary judgment and remanded. O'Connor, joined by Breyer except for her final sentence, emphasized the system's mechanical operation and inadequate individualized review. Thomas joined the majority but would categorically prohibit racial discrimination in public higher-education admissions. Breyer concurred only in the judgment, joining O'Connor's reasoning and Part I of Ginsburg's dissent. Stevens, joined by Souter, would dismiss for lack of standing. Souter, joined by Ginsburg as to Part II, disputed standing and would otherwise uphold the policy on the existing record. Ginsburg, joined by Souter and by Breyer as to Part I, distinguished inclusive from exclusionary racial policies and would affirm.