Grutter v. Bollinger — Rehnquist, J., Dissenting

Summary

Chief Justice Rehnquist, joined by Justices Scalia, Kennedy, and Thomas, dissents, arguing the University of Michigan Law School’s admissions program violates the Equal Protection Clause because it is not narrowly tailored to achieve a compelling interest. He contends the "critical mass" goal is a guise for racial balancing, supported by statistics showing admissions percentages mirror applicant pool percentages too closely. While the Court applies strict scrutiny, Rehnquist finds the program lacks a clear time limit and effectively uses racial preferences to achieve proportional representation. Justice Kennedy, dissenting separately, argues the Court fails to apply rigorous individual review despite approving diversity as a goal.