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Brief For Respondents, Grutter V. Bollinger, 539 Us 306 (2003) (No. 02-241)., Maureen E. Mahoney, Evan Caminker, Marvin Krislov, Jonathan Alger, Philip J. Kessler, Leonard M. Niehoff, J. Scott Ballenger, Nathaniel A. Vitan, John H. Pickering, John Payton, Brigida Benitez, Stuart Delery, Craig Goldblatt, Anne Harkavy, Terry A. Maroney

Appellate Briefs

QUESTIONS PRESENTED

1. Whether this Court should reaffirm its decision in Regents of University of California v. Bakke, 438 U.S. 265 (1978) and hold that the educational benefits that flow from a diverse student body to an institution of higher education, its students, and the public it serves, are sufficiently compelling to permit the school to consider race and/or ethnicity as one of many factors in making admissions decisions through a "properly devised" admissions program.

2. Whether the Court of Appeals correctly held that the University of Michigan Law School's admissions program is properly devised.

Constitutional Sunsetting?: Justice O'Connor's Closing Comments On Grutter, Vikram David Amar, Evan H. Caminker

Articles

Most Supreme Court watchers were unsurprised that Justice Sandra Day O'Connor's vote proved pivotal in resolving the University of Michigan affirmative action cases; indeed, Justice O'Connor has been in the majority in almost every case involving race over the past decade, and was in the majority in each and every one of the 5-4 decisions the Court handed down across a broad range of difficult issues last Term. Some smaller number of observers were unsurprised that Justice O'Connor decided (along with the four Justices who in the past have voted to allow latitude with regard to race-based affirmative action programs) …