Grutter v. Bollinger, 539 U.S. 306 (2003) (U.S. Supreme Court)
Grutter v. Bollinger is a cornerstone Equal Protection case addressing whether and how public universities may consider race in admissions.
Does a public law school's use of race as a plus factor in a holistic admissions process, aimed at attaining the educational benefits of a diverse student body, violate the Equal Protection Clause and Title VI?
All governmental racial classifications are subject to strict scrutiny. Under strict scrutiny, the government must demonstrate that its use of race serves a compelling interest and is narrowly tailored to achieve that interest. In the higher-education context, student body diversity can constitute a compelling interest (consistent with Bakke) when grounded in the educational benefits of diversity. Narrow tailoring in this setting requires: individualized, holistic consideration of applicants; flexible use of race as a non-determinative plus factor; the absence of quotas or fixed numerical set-asides; serious, good-faith consideration of workable race-neutral alternatives; minimal undue harm to members of any racial group; and a limited duration with periodic review and an expectation that explicit racial preferences will end when no longer necessary. Title VI's prohibitions are coextensive with the Equal Protection Clause for institutions receiving federal funds.
Yes. In a 5–4 decision, the Supreme Court held that the Law School's admissions policy was constitutional. The Law School's interest in obtaining the educational benefits of a diverse student body is compelling, and its individualized, holistic use of race as a plus factor was narrowly tailored. Consequently, the policy did not violate the Equal Protection Clause or Title VI.
Grutter firmly established, for two decades, that student body diversity could justify limited, holistic consideration of race in higher-education admissions under strict scrutiny. It drew the constitutional line between individualized, flexible review (permissible) and mechanical quotas or point systems (impermissible). The decision guided universities and courts through Fisher I and II, which reaffirmed strict scrutiny while requiring proof that race-neutral alternatives are inadequate. In 2023, Students for Fair Admissions v. Harvard/UNC sharply curtailed race-conscious admissions, rejecting programs materially similar to those approved in Grutter. Even so, Grutter remains vital to understanding Equal Protection doctrine, the contours of strict scrutiny, and the historic legal architecture of affirmative action.