Grutter v. Bollinger — Scalia, J., Concurring in Part and Dissenting in Part

Summary

Justice Scalia, joined by Justice Thomas, concurring in part and dissenting in part, attacked the University of Michigan Law School’s “critical mass” justification as a sham for racial proportionate admissions. He warned that the Court’s decision would prolong litigation over diversity plans and stated that the Constitution proscribes government discrimination on the basis of race. Justice Thomas, dissenting, would have held that any use of race in admissions violates the Equal Protection Clause today.