Supreme Court of the United States
Grutter v. Bollinger — Thomas, J., Concurring in Part and Dissenting in Part
June 23, 2003539 U.S. 306
Summary
Justice Thomas agrees with the majority that race classifications in admissions that do not serve critical mass are unconstitutional and that such discrimination will be illegal in 25 years. He dissents from the decision upholding the Law School's current use of race, arguing it violates the Equal Protection Clause under strict scrutiny because the interests asserted are not compelling. Separate dissenting opinions by Chief Justice Rehnquist and Justice Kennedy argue the program amounts to racial balancing and lacks individualized consideration, while Justice Ginsburg concurs in the judgment.