Defendants' Renewed Motion for Summary Judgment in Gratz

TABLE OF CONTENTS

QUESTION PRESENTED

iii

CONTROLLING AUTHORITIES

iv

TABLE OF AUTHORITIES

v

INDEX OF EXHIBITS

x

INTRODUCTION

1

PROCEDURAL HISTORY

4

STATEMENT OF UNDISPUTED FACTS

6

A. Diversity is Essential to the University’s Educational Mission

7

B. The Educational Benefits of Diversity

9

C. The LS&A Admissions Process

15

1. Selective Admissions

15

2. Admissions Procedures

16

3. The Selection Index

19

D. The Data Illustrate the Admissions Process

23

E. The University Vigorously Recruits Minority Applicants

27

ARGUMENT

28

I. CONTROLLING PRECEDENT PERMITS THE COMPETITIVE CONSIDERATION

OF RACE IN UNIVERSITY ADMISSIONS POLICIES
28

A. “A Properly Devised Admissions Program Involving the Competitive

Consideration of Race and Ethnic Origin” Is Constitutional

29

B. Diversity Is a Compelling Interest in the Context of University Admissions

30

C. BakkeƠs Limitations on the Consideration of Race in University Admissions

36

D. Bakke Is Binding Precedent

40

    1. The Supreme Court and the Sixth Circuit Have Followed Bakke

41

    2. The Powell Opinion Is also Binding Precedent Because It Is

the Narrowest Opinion that Supports the Judgment

45

II. THE LS&A ADMISSIONS PROCESS COMPLIES WITH THE PRINCIPLES OF Bakke
48

A. The University Cannot Achieve Meaningful Diversity Without Considering
Race and Ethnicity as One of Many Factors in Admissions

48

B. The University’s Admissions Policy Falls Well Within the Limitations

that Bakke Prescribes

49

    1. The Manner in Which Race Is Considered

50

    2. The Extent to Which Race Is Considered in Admissions

51

CONCLUSION

55

Gratz briefs – Table of Contents

QUESTION PRESENTED	iii
CONTROLLING AUTHORITIES	iv
TABLE OF AUTHORITIES	v
INDEX OF EXHIBITS	x
INTRODUCTION	1
PROCEDURAL HISTORY	4
STATEMENT OF UNDISPUTED FACTS	6
A. Diversity is Essential to the University’s Educational Mission	7
B. The Educational Benefits of Diversity	9
C. The LS&A Admissions Process	15
1. Selective Admissions	15
2. Admissions Procedures	16
3. The Selection Index	19
D. The Data Illustrate the Admissions Process	23
E. The University Vigorously Recruits Minority Applicants	27
ARGUMENT	28
I. CONTROLLING PRECEDENT PERMITS THE COMPETITIVE CONSIDERATION OF RACE IN UNIVERSITY ADMISSIONS POLICIES	28
A. “A Properly Devised Admissions Program Involving the Competitive Consideration of Race and Ethnic Origin” Is Constitutional	29
B. Diversity Is a Compelling Interest in the Context of University Admissions	30
C. BakkeƠs Limitations on the Consideration of Race in University Admissions	36
D. Bakke Is Binding Precedent	40
1. The Supreme Court and the Sixth Circuit Have Followed Bakke	41
2. The Powell Opinion Is also Binding Precedent Because It Is the Narrowest Opinion that Supports the Judgment	45
II. THE LS&A ADMISSIONS PROCESS COMPLIES WITH THE PRINCIPLES OF Bakke	48
A. The University Cannot Achieve Meaningful Diversity Without Considering Race and Ethnicity as One of Many Factors in Admissions	48
B. The University’s Admissions Policy Falls Well Within the Limitations that Bakke Prescribes	49
1. The Manner in Which Race Is Considered	50
2. The Extent to Which Race Is Considered in Admissions	51
CONCLUSION	55