News

The Challenge to Affirmative Action — The Rise of the ‘Percentage Plan’

by Black Issues , February 27, 2003

2001: The U.S. Court of Appeals for the 11th Circuit rules the University of Georgia's admissions policy unconstitutional because it gives a fixed preference to non-White applicants. In rendering its decision, the appellate court calls into question whether the Bakke ruling provided justification for the use of race in admissions decisions. California formally rescinds SP-1, even though the passage of Proposition 209 in 1996 had rendered it superfluous.

2002: In the case of Grutter v. Bollinger, the U.S. Court of Appeals for the 6th Circuit upheld the University of Michigan's law school admissions policy. The appellate court, in its 5–4 decision, found diversity to be a compelling state interest and cited Bakke in stating that colleges may consider race in admissions. The plaintiffs appealed the decision to the U.S. Supreme Court.

In another pending suit, Gratz v. Bollinger, challenging the University of Michigan's undergraduate admissions policy, the plaintiffs in the case filed a petition asking the Supreme Court to review the case even though the appellate court had not yet ruled.

The high court agrees to review both cases in December 2002.

April 1, 2003: The U.S. Supreme Court expected to hear oral arguments in the Michigan cases. A ruling is expected by June.

Source: The U.S. Commission on Civil Rights



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