The Story of Grutter V. Bollinger: Affirmative Action Wins

Abstract:     
Part of the Education Law Stories, this book chapter tells the story behind Grutter v. Bollinger. In the 1990s, public opinion and court opinions seemed to signal a death knell for affirmative action. Yet, reports of its death proved exaggerated. In Grutter v. Bollinger, the Supreme Court affirmed that diversity could be a legally legitimate rationale for affirmative action, and validated Michigan's approach to deciding who gets admitted to its law school. Further, state law prohibitions on race-based affirmative action have come to a standstill. This manuscript tells the story of why affirmative action survived - at least for now. The story takes us not just to why Barbara Grutter never attended law school, but also to the students who benefited from race-conscious admissions. On a larger scale, the story is one of diversity gathering public support, and the Supreme Court constitutionalizing that public acceptance and allowing voluntary integration. Yet, the story also raises the possibility that diversity's survival will prove transitory.

Number of Pages in PDF File: 25

Keywords: Affirmative Action, Diversity, Grutter

JEL Classification: J70, J71

working papers series