| Venue: | SCOTUS |
| Facts: | Jennifer Gratz, caucasian, was rejected from UM. The university has a race-conscious admissions program that assigns applicants points for various criteria, with a lot of points going to race. |
| Posture: | Unknown. |
| Issue: | Is this the kind of consideration that was OK in Bakke? |
| Holding: | No. |
| Rule: | Strict scrutiny and equal protection. |
| Reasoning: | There's a compelling interest here, but it's not narrowly tailored. It makes race decisive, and overrides individual consideration. We said race could be one factor considered, not that it could be a dominant one. |
| Dicta: | Souter, dissenting: this is only disfavored because it is candid. If
they just concealed the particulars, we'd never have known.
Ginsburg, dissenting: where white applicants so substantially outnumber minority applicants, a preference for minorities will not substantially affect the chances of a white applicant. |