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4.7-4.14 Con Law - subunit C What means of affirmative...

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4/7/08 subunit C What means of affirmative action are permissible and will meet strict scrutiny? o SC said 3 things 1) can’t have quotas UC Davis set aside 16 slots for minority students. Without this on average there would be 1 African American student out of 100. SC struck down this set aside. 4 justices would have upheld it, said intermediate scrutiny was the test. 4 would say it was invalid based on Civil Rights act of 1964, can’t discriminate because of race. Left Lewis Powell as the last justice. He said strict scrutiny- set aside is impermissible, but race could be used as 1 factor in admissions to benefit minorities p 708- Richmond set aside 30% of public works money to minority owned business. SC declared this unconstitutional. SC said that the set aside, whenever allowed Alabama state police- 2) Bruder vs. Bollinger p 722 University of Michigan law- looks at every applicant’s file as a whole. Among the factors is race. Gov’t has a compelling interest in achieving diversity. Court 5-4 said Colleges and Universities may use race as one factor among many in admissions to benefit minorities. 3) Colleges and Universities may NOT add points to applicants’ admissions scores on the basis or race. Gratz vs. Bollinger, p 740. University of Michigan’s ugrad admissions office. 6-3 decision declared it unconstitutional to add points to race. Also applies to private universities o Why? The SC said that the standards under Title VI are the same as the standards under Equal Protection. Recipients of federal funds cannot discriminate based on race. Every college and university that gets federal money must have the same standards as public universities. o You can adjust LSAT and grades in admissions, but don’t announce it. Its better to stay hidden. P 113 of supplement. Roberts, Scalia,, Thomas, and Alito- believe that the Constitution should be color-blind. State’s are free to pass legislation based on votes that leave the citizens of states to
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decide if Affirmative Action should be banned in that state.
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