Supreme Court of the United States

Grutter v. Bollinger — Kennedy, J., Dissenting

June 23, 2003539 U.S. 306

Summary

Justice Kennedy dissents, arguing that the Court abandoned strict scrutiny in evaluating the University of Michigan Law School's race‑aware admissions, thereby undermining established precedent. He contends that the school's "critical mass" policy fails to preserve individualized review and thus cannot survive strict scrutiny. The dissent is joined by separate opinions from Justices Rehnquist, Thomas, Ginsburg, and Scalia, each critiquing the majority's approach.