Gratz v. Bollinger, 539 U.S. 244, 30 (2003)

Page:   Index   Previous  23  24  25  26  27  28  29  30  31  32  33  34  35  36  37  Next

Cite as: 539 U. S. 244 (2003)

Opinion of the Court

ent upon race but sometimes associated with it." Ibid. (emphasis added).

This example further demonstrates the problematic nature of the LSA's admissions system. Even if student C's "extraordinary artistic talent" rivaled that of Monet or Picasso, the applicant would receive, at most, five points under the LSA's system. See App. 234-235. At the same time, every single underrepresented minority applicant, including students A and B, would automatically receive 20 points for submitting an application. Clearly, the LSA's system does not offer applicants the individualized selection process described in Harvard's example. Instead of considering how the differing backgrounds, experiences, and characteristics of students A, B, and C might benefit the University, admissions counselors reviewing LSA applications would simply award both A and B 20 points because their applications indicate that they are African-American, and student C would receive up to 5 points for his "extraordinary talent." 20

Respondents emphasize the fact that the LSA has created the possibility of an applicant's file being flagged for individualized consideration by the ARC. We think that the flagging program only emphasizes the flaws of the University's system as a whole when compared to that described by Justice Powell. Again, students A, B, and C illustrate the point. First, student A would never be flagged. This is because, as the University has conceded, the effect of automatically awarding 20 points is that virtually every qualified underrepresented minority applicant is admitted. Student A, an applicant "with promise of superior academic performance," would certainly fit this description. Thus, the result of the automatic distribution of 20 points is that the Univer-20 Justice Souter is therefore wrong when he contends that "applicants to the undergraduate college are [not] denied individualized consideration." Post, at 295. As Justice O'Connor explains in her concurrence, the LSA's program "ensures that the diversity contributions of applicants cannot be individually assessed." Post, at 279.


Page:   Index   Previous  23  24  25  26  27  28  29  30  31  32  33  34  35  36  37  Next

Last modified: October 4, 2007