Grutter v. Bollinger 539 U.S. 306 2003

1. Grutter v. Bollinger539 U.S. 306 (2003) Ausaf Farooqi Gwynne Kizer Veronica Maldonado

2. Affirmative Action Chris Rock Affirmative Action http://www.youtube.com/watch?v=SuDUT5hsp6I Limbaugh on Obama and Affirmative Action

3. Discussion In what ways have you been involved with racial diversity issues in your education? (student groups, protests, rallies, administration, admission, community orgs) What were the pros and cons of these that you experienced? (effective? trivialized? resistance/controversy? raised student awareness? changed policies?) Why did you think this work was important to you or the school?

4. History of Affirmative Action During 60s and 70s universities began adopting affirmative action programsDuring 60s and 70s universities began adopting affirmative action programs

5. History of Affirmative Action

6. University of Michigan 1991 Committee to draft new admission policy Bakke Two-part Process No quotas �Critical mass�

7. Carl Cohen Discovers Controversy Got an internal document about admissions and realized that white students were being held to higher admissions standards that students that represented minority groups. He wrote �Racial Discrimination in the Admissions at the University of Michigan� He distributed it widely to the state legislature, to media, and to the University of Michigan community. Despite all of his efforts, he didn�t really start to make waves until he caught the attention of the Center for Individual Rights, a Washington DC public interest law firm.Got an internal document about admissions and realized that white students were being held to higher admissions standards that students that represented minority groups. He wrote �Racial Discrimination in the Admissions at the University of Michigan� He distributed it widely to the state legislature, to media, and to the University of Michigan community. Despite all of his efforts, he didn�t really start to make waves until he caught the attention of the Center for Individual Rights, a Washington DC public interest law firm.

8. The Center for Individual Rights The Center for Individual Rights (CIR) is a nonprofit public interest law firm dedicated to the defense of individual liberties against the increasingly aggressive and unchecked authority of federal and state governments�. Our cases challenge excessive government regulation, unconstitutional state action, and other entanglements characteristic of the modern state. We make no apologies for bringing only those cases that overtly advance this agenda.

9. The Center for Individual Rights "Oakland Right - Interview with Terrence J. Pell" - sponsored by NORC - Jim Thienel of NORC (North Oakland Republican Club) Interview with the President of CIR - 2:06-5:27: Founding of CIR � alternative to ACLU How CIR chooses cases � publicizing issues in their agenda 8:10-10:33 � structure and comparison to ACLU �when we bring in a partner from a major law firm, that tells the judge that we are more than just ramble rousers� don�t want to locked into a particular cause, client, or issue

10. Hopwood v. Texas78 F.3d 932 (5th Cir. 1996) Supreme Court said that this case dealt with a great issue of national importance. But it refused to hear the case because university was no longer defending a specific admissions policy, but rather, the idea of affirmative action in admissions. The court needed to wait until it was dealing with a policy in controversy before dealing with this matter.Supreme Court said that this case dealt with a great issue of national importance. But it refused to hear the case because university was no longer defending a specific admissions policy, but rather, the idea of affirmative action in admissions. The court needed to wait until it was dealing with a policy in controversy before dealing with this matter.

11. Probono Attorneys Kirk O. Kolbo Maslon Edelman Borman & Brand, LLP Little experience with civil rights or Supreme Court advocacy at the time Agreed to serve for expenses only Brought resources of the law firm to the case including attorneys and support staff

12. Plaintiff: Barbara Grutter Also said that she did her for her children so they would learn to stand up if they ever felt they were being discriminated againstAlso said that she did her for her children so they would learn to stand up if they ever felt they were being discriminated against

13. District Court Plaintiff asserts two claims: (1) Violation Equal Protection Clause (14th Amendment) Discrimination on the basis of race (2) Violation of Title VI of the 1964 Civil Rights Act prohibits recipients of federal funds from discriminating on the basis of race Issues: Does the University use race as a factor in their admissions policy? Yes. Is the University�s use of race constitutional? No.

14. Appellate Court Issue: whether the Law School�s use of race in its admissions program was constitutional. Holding: the Law School�s use of race in its admissions program was constitutional because: (1) it serves a compelling state interest; and (2) it was narrowly tailored to achieve that interest District Court Reversed

15. Student Intervenors Motivation: �Direct beneficiaries of affirmative action� Less focused on the legal arguments and the debate over Bakke Politics and public policy Shedding light on the current conditions of racial oppression Looking for the courts to affirm affirmative action Did not believe U. of Michigan would sufficiently represent their interests

16. Student Intervenors Representation Marissa Massie Recent graduate of NYU School of Law Attorney for Scheff and Washington (Detroit) Activist � Saw Grutter as a way to re-invigorate the civil rights movement

17. Student Intervenors Tactics/Arguments Welcomed the trial Student�s attacked U. Michigan for a history of de facto segregation, use of biased measures, and failure to achieve a critical mass Saw Grutter�s lawsuit as a �perverse, even racist, view of equality� Solicited student petitions and ensured students would be attending and seated at trial and oral arguments Effect in 6th Circuit

18. Student Intervenors Effect Increasing marginalized as the case progressed District Court � introduce evidence and expert reports. Judge devoted part of his opinion to the intervenors. 6th Circuit � participated in oral arguments . Judge Eric Clay mentioned briefly and Judge Danny Boggs did not see them as a party to the case Supreme Court � only could attend � absent from opinion

19. Amici Curiae Briefs District Court Level Only a handful of briefs were filed Mostly filed by groups with an interest in higher education Briefs were also filed by General Motors and Steelcase, Inc. Attorney General of Michigan filed a brief in support of U. Michigan

20. Amici Curiae Briefs6th Circuit LevelThe number of briefs at the 6th Circuit Level increased for both sides U. Michigan ABA NOW Legal Defense Fund OSU Dean of Georgetown Law Center Harvard Civil Rights Project Rep. John Conyers NAPABA Clinical Legal Association International Union United Automobile Aerospace and Agricultural Implement Workers of America Grutter Pacific Legal Foundation National Associations of Scholars Center for Equal Opportunity American Civil Rights Institute Independent Women�s Forum Michigan Education Association

21. Amici Curiae Briefs Supreme Court Level Number of Briefs increased to over 80 Majority were for U. Michigan while fewer than 20 were for Grutter Several were for neither side Significant Briefs Brief from Retired Military Generals (behalf of Michigan) Brief from the U.S. Government (behalf of Grutter)

22. Amici Curiae Briefs Significant Briefs Brief by Retired Generals Affirmative action ensured integrated leadership in armed forces Vital to preserve trust and morale in armed forces Morale and military preparedness were particularly important since the 9/11 attacks had occurred since the beginning of this case Oral Arguments Clips � http://www.oyez.org/cases/2000-2009/2002/2002_02_241/argument/ Brief by United States Fell short of attacking affirmative action and standing firmly behind Grutter Did not openly reject diversity rationale (Bush�s re-election and effect of minority advisors) Stated diversity was a paramount goal to be achieved through narrowly tailored means

23. Amici Curiae Briefs Effect The Amici Briefs in support of U. Michigan, such as the ones by 3M, General Motors, and the retired Generals, were cited by the Supreme Court in its discussion on diversity being a compelling interest The briefs in support of Grutter fell into an ideological pitfall as they found themselves arguing for no use of race, except in terms of racial profiling following 9/11 Briefs put the case into social and political context and provided updated facts (such as the effect of the 9/11 attacks)

24. Oral Arguments Petitioner Kirk Kolbo Solicitor General Theodore Olson http://www.oyez.org/cases/2000-2009/2002/2002_02_241/argument/ Respondent Maureen Mahoney

25. Supreme Court Decision Majority Opinion � Justice O�Connor Emphasized U. Michigan�s educational autonomy grounded in the 1st Amendment Benefits of the policy were substantial Policy breaks down stereotypes between cultures Prepared students for a diverse workplace and global marketplace Producing the nation�s leaders U. Michigan�s policy was narrowly tailored and it�s �critical mass� policy was similar to the �plus� factor for race Holistic view of applicant�s demonstrated acceptance not based solely on race Took the law school on good faith that it would discontinue such policies when race-neutral admissions was practical to achieve diversity

26. Supreme Court Dissents Justice Scalia The compelling interest of diversity does not pertain to just law schools alone and the majority opinion�s argument could be applied broadly to any organization/group Justice Thomas Felt affirmative action was a detrimental crutch to minority groups What will be illegal in 25 years is illegal now Justice Rehnquist Critical mass was a quota

27. Supreme Court Reactions to the decision CIR Michigan Daily University of Michigan Students Other law schools

28. University of Texas After CIR won Hopwood v. Texas, the University of Texas experienced a large decrease in the number of minority students enrolled in its graduate programs. After the Grutter decision, �the school will have a renewed opportunity to recruit and support highly-qualified minority students for both our undergraduate and graduate programs. The school needs to be creative in devising strategies that will help us compete for the very best minority candidates.�After CIR won Hopwood v. Texas, the University of Texas experienced a large decrease in the number of minority students enrolled in its graduate programs. After the Grutter decision, �the school will have a renewed opportunity to recruit and support highly-qualified minority students for both our undergraduate and graduate programs. The school needs to be creative in devising strategies that will help us compete for the very best minority candidates.�

29. The Fall-Out "Oakland Right - Interview with Terrence J. Pell" - sponsored by NORC - Jim Thienel of NORC (North Oakland Republican Club) 11:11-13:15 - it was a loss - but got out to the public stage a lot of information about how the school used race - Ballot initiative was a direct result of the court battle

30. Alternatives to Litigation � Prop 2 Ward Connelly American Civil Rights Institute - describes himself as �one-quarter black� Anti-Affirmative Action Initiatives California Prop 206 (1996) Washington Initiative 200 (1999) Contributed $500,000 to supporting Prop 2

31. Led by Ward Connerly & Jennifer Gratz - created and campaigned for Proposal 2 - Proposal 2 a ballot initiative to amend Michigan�s Constitution to ban publicly funded organizations from considering race or sex in education, employment, or contracting http://www.youtube.com/watch?v=AmK2SWWGkBY � Grutter/Connerly Ad

32. Toward a Fair Michigan Nonprofit fostering conversation about affirmative action and the possible implications of Proposal 2 Barbara Grutter William B. Allen, professor at University of Michigan Law School

33. Prop 2 opponents One United Michigan � a coalition of companies including nonprofit organizations, associations, unions, and religious organizations National Association for the Advancement of Colored People (NAACP) American-Arab Anti Discrimination Committee (ADC) By Any Means Necessary (BAMN) � formed in 1997 to organize student support for affirmative action at University of Michigan George Heartwell, Grand Rapid�s Mayor Jennifer Granholm, Michigan�s Governor Kwame Kilpatrick, Detroit�s Mayor Michigan Civil Rights Commission Detroit City Council American Civil Liberties Union Detroit Federation of Teachers Rainbow/PUSH Coalition http://www.youtube.com/watch?v=wIWBrubUEFY � Advertisement http://www.youtube.com/watch?v=fb60GK86JEI - debate about Prop 2 Prop 2 and the KKK

34. Prop 2 passes

35. Effect of the University of Michigan Changes to University of Michigan policies Decreases in number of minorities admitted to the law school

36. 2008 Initiatives Wealthy Contributors including Rupert Murdoch and Joseph Coors made a multi-state attack on affirmative action possible Attempted initiatives in Arizona, Colorado, Missouri, Nebraska, and Oklahoma Arizona � amendment to state constitution to ban affirmative action � not enough valid signatures Oklahoma � not enough valid signatures Missouri � not enough valid signatures � will try again in 2009 Colorado � amendment failed 50.7% to 49.2% (13,000 vote difference) Nebraska � passed with almost 58% of vote

37. AA�s impact on Obama Obama�s views on affirmative action: http://www.youtube.com/watch?v=saIVafSC38k&feature=related "I think that my daughters should probably be treated by any [college] admissions officer as folks who are pretty advantaged," Obama said in an interview with ABC News. "We should take into account white kids who have been disadvantaged and have grown up in poverty and shown themselves to have what it takes to succeed." - moving to class-based preferences? Future of Affirmative Action? "How can you have a self-identified black man running for the highest office for the land [while] defending preferences based on race?" Connerly asks. "It reinforces the logic of our initiatives." http://www.newsweek.com/id/129295/output/print