Cite as: 539 U. S. 244 (2003)
Breyer, J., concurring in judgment
Justice Thomas, concurring.
I join the Court's opinion because I believe it correctly applies our precedents, including today's decision in Grutter v. Bollinger, post, p. 306. For similar reasons to those given in my separate opinion in that case, see post, p. 349 (opinion concurring in part and dissenting in part), however, I would hold that a State's use of racial discrimination in higher education admissions is categorically prohibited by the Equal Protection Clause.
I make only one further observation. The University of Michigan's College of Literature, Science, and the Arts (LSA) admissions policy that the Court today invalidates does not suffer from the additional constitutional defect of allowing racial "discriminat[ion] among [the] groups" included within its definition of underrepresented minorities, Grutter, post, at 336 (opinion of the Court); post, at 374 (Thomas, J., concurring in part and dissenting in part), because it awards all underrepresented minorities the same racial preference. The LSA policy falls, however, because it does not sufficiently allow for the consideration of non-racial distinctions among underrepresented minority applicants. Under today's decisions, a university may not racially discriminate between the groups constituting the critical mass. See post, at 374-375; Grutter, post, at 329- 330 (opinion of the Court) (stating that such "racial balancing . . . is patently unconstitutional"). An admissions policy, however, must allow for consideration of these nonracial distinctions among applicants on both sides of the single permitted racial classification. See ante, at 272-273 (opinion of the Court); ante, at 276-277 (O'Connor, J., concurring).
Justice Breyer, concurring in the judgment.
I concur in the judgment of the Court though I do not join its opinion. I join Justice O'Connor's opinion except insofar as it joins that of the Court. I join Part I of Justice Ginsburg's dissenting opinion, but I do not dissent from the
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