Gratz v. Bollinger

2003 United States Supreme Court case

Gratz v. Bollinger

Supreme Court of the United States

Argued April 1, 2003
Decided June 23, 2003
Full case name| Jennifer Gratz and Patrick Hamacher v. Lee Bollinger, et al.
Docket no.| 02-516
Citations| 539 U.S. 244 (more)

123 S. Ct. 2411; 156 L. Ed. 2d 257; 2003 U.S. LEXIS 4801; 71 U.S.L.W. 4480; 91 Fair Empl. Prac. Cas. (BNA) 1803; 84 Empl. Prac. Dec. (CCH) ¶ 41,416; 2003 Cal. Daily Op. Service 5362; 16 Fla. L. Weekly Fed. S 387

Case history
Prior| Summary judgment granted in part to plaintiffs, 122 F. Supp. 2d 811 (E.D. Mich. 2000); Summary judgment granted to plaintiffs, 135 F. Supp. 2d 790 (E.D. Mich. 2001); consolidated on appeal with Grutter v. Bollinger before en banc court, 277 F.3d 803 (6th Cir. 2001); cert. before judgment granted, 537 U.S. 1044 (2002).
Subsequent| On remand, 80 Fed. App'x 417 (6th Cir. 2003)
Holding
A state university's admission policy violated the Equal Protection Clause of the Fourteenth Amendment because its ranking system gave an automatic point increase to all racial minorities rather than making individual determinations.
Court membership

Chief Justice
William Rehnquist
Associate Justices
John P. Stevens * Sandra Day O'Connor
Antonin Scalia * Anthony Kennedy
David Souter * Clarence Thomas
Ruth Bader Ginsburg * Stephen Breyer
Case opinions
Majority| Rehnquist, joined by O'Connor, Scalia, Kennedy, Thomas
Concurrence| O'Connor, joined by Breyer (in part)
Concurrence| Thomas
Concurrence| Breyer (in judgment)
Dissent| Stevens, joined by Souter
Dissent| Souter, joined by Ginsburg (in part)
Dissent| Ginsburg, joined by Souter, Breyer (in part)
Laws applied
U.S. Const. amend. XIV

Gratz v. Bollinger, 539 U.S. 244 (2003), was a United States Supreme Court case regarding the University of Michigan undergraduate affirmative action admissions policy. In a 6-3 decision announced on June 23, 2003, Chief Justice Rehnquist, writing for the Court, ruled the University's point system's "predetermined point allocations" that awarded 20 points towards admission to underrepresented minorities "ensures that the diversity contributions of applicants cannot be individually assessed" and was therefore unconstitutional.[1] It was the companion case to Grutter v. Bollinger.

## Case

[edit]

The University of Michigan used a 150-point scale to rank applicants, with 100 points needed to guarantee admission. The University gave underrepresented ethnic groups, including African-Americans, Hispanics, and Native Americans, an automatic 20-point bonus towards their score, while a perfect SAT score was worth 12 points.[2]

The petitioners, Jennifer Gratz and Patrick Hamacher, both residents of Michigan, applied for admission to the University of Michigan's College of Literature, Science, and the Arts (LSA). Gratz applied for admission in the fall of 1995 and Hamacher in the fall of 1997. Both were subsequently denied admission to the university. Gratz and Hamacher were contacted by the Center for Individual Rights, which filed a lawsuit on their behalf in October 1997.

The case was filed in the United States District Court for the Eastern District of Michigan against the University of Michigan, the College of LSA, James Duderstadt, and Lee Bollinger. Duderstadt was president of the university while Gratz's application was under consideration, and Bollinger while Hamacher's was under consideration. Their class-action lawsuit alleged "violations and threatened violations of the rights of the plaintiffs and the class they represent to equal protection of the laws under the Fourteenth Amendment... and for racial discrimination."

Like Grutter, the case was heard in District Court, appealed to the Sixth Circuit Court of Appeals, and asked to be heard before the Supreme Court.

## U.S. Supreme Court consideration

[edit]

### Issue of standing

[edit]

It has been argued by some that Jennifer Gratz lacked legal standing to bring this action. Gratz applied in 1995, three years before the University of Michigan adopted its points system. Gratz could not claim injury as a result of the points system, and thus, under traditional legal rules, Gratz lacked standing. Gratz chose not to attend the University of Michigan by declining the university's offer to be placed on a waiting list. Every Michigan student who agreed to go onto the waiting list in the spring of 1995 was admitted to the University of Michigan for the Fall 1995 semester.[citation needed] However, Gratz argues that she did fill out the paperwork for the waiting list, but the University claims it got lost.

Chief Justice Rehnquist delivered the opinion of the court. The court's majority found that Gratz and co-plaintiff Hamacher had standing to seek declaratory and injunctive relief, relying on Northeastern Fla. Chapter, Associated Gen. Contractors of America v. Jacksonville, 508 U.S. 656 (1993). Here the "injury in fact" necessary to establish standing in the case was the denial of equal treatment resulting from the imposition of the barrier, and not in the ultimate inability to obtain the benefit.

### Opinion of the Court

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This section needs expansion. You can help by adding to it. (June 2023)

|

The court held that because the university’s use of race in its current freshman admissions policy was not narrowly tailored to achieve the respondents' asserted interest in diversity, the policy violated the Equal Protection Clause.

### Dissent

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Justices Stevens, Souter, and Ginsburg dissented. Ginsburg wrote that "government decisionmakers may properly distinguish between policies of exclusion and inclusion...Actions designed to burden groups long denied full citizenship stature are not sensibly ranked with measures taken to hasten the day when entrenched discrimination and its after effects have been extirpated."[3]

## See also

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* Grutter v. Bollinger (2003)
* List of class action lawsuits
* List of United States Supreme Court cases, volume 539

## References

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1. ^ Gratz v. Bollinger, 539 U.S. 244 (2003).
2. ^ "Gratz v. Bollinger: Motion for Summary Judgment". Regents of the University of Michigan. Archived from the original on February 21, 2014. Retrieved February 3, 2014.
3. ^ Heriot, Gail (2004). "Thoughts on Grutter v. Bollinger and Gratz v. Bollinger as Law and as Practical Politics". Loyola University Chicago Law Journal. 36: 137. Retrieved September 26, 2020.

## Further reading

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* Perry, Barbara A. (2007). The Michigan Affirmative Action Cases. University Press of Kansas. ISBN 978-0-7006-1549-0.

## External links

[edit]

* Text of Gratz v. Bollinger, 539 U.S. 244 (2003) is available from: Justia Library of Congress Oyez (oral argument audio)
* Transcript of April 1, 2003 Supreme Court arguments (PDF format)

* v
* t
* e

University of Michigan

Located in: Ann Arbor, Michigan

Colleges|

* Architecture and Urban Planning
* Art and Design
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Athletics|

| Teams|

* Michigan Wolverines
* Baseball
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|

Venues|

* Alumni Field
* Canham Natatorium
* Crisler Center
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Other|

* Cold War
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Campus|

* Angell Hall
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| Museums|

* Archaeology
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|

Botanical|

* Herbarium
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Media|

* Michiganensian
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People|

* General alumni
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Research|

* American National Election Studies
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* Institute for Social Research
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* National Survey of Black Americans
* Michigan Aeronautical Research Center
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* Molecular and Behavioral Neuroscience Institute
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* American Customer Satisfaction Index
* University of Michigan Consumer Sentiment Index

Student life|

* Black Action Movement
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* Escher Cooperative House
* Eugene V. Debs Cooperative House
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* "Let's Go Blue"
* MHacks
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* Solar Car Team
* Students for a Democratic Society
* Theta Phi Alpha
* "The Victors"
* "Varsity"
* "The Yellow and Blue"

History|

* 1965 Teach-in
* 2020 graduate students' strike
* Affirmative action
* Gratz v. Bollinger
* Grutter v. Bollinger
* Michigan Civil Rights Initiative
* Doe v. University of Michigan
* Michigan Paralyzed Veterans of America v. The University of Michigan
* Treaty of Fort Meigs
* Vietnam War protests

Campuses|

* Ann Arbor (Main)
* Dearborn
* Flint
* Detroit

* Founded: 1817
* Students: 52,065 (2023)
* Endowment: $17.9 billion (2023)

* v
* t
* e

Affirmative action in the United States

Supreme Court and
lower court decisions|

| Education|

* DeFunis v. Odegaard (1974)
* Regents of the University of California v. Bakke (1978)
* United States v. Fordice (1992)
* Hopwood v. Texas (5th Cir. 1996)
* Texas v. Lesage (1999)
* Gratz v. Bollinger (2003)
* Grutter v. Bollinger (2003)
* Doe v. Kamehameha Schools/Bernice Pauahi Bishop Estate (9th Cir. 2006)
* Parents Involved in Community Schools v. Seattle School District No. 1 (2007)
* Fisher v. University of Texas I (2013)
* Schuette v. Coalition to Defend Affirmative Action (2014)
* Fisher v. University of Texas II (2016)
* Coalition for TJ v. Fairfax County School Board (4th Cir. 2023)
* Students for Fair Admissions v. Harvard (2023)

|

Employment|

* Griggs v. Duke Power Co. (1971)
* Morton v. Mancari (1974)
* Schlesinger v. Ballard (1975)
* Hazelwood School District v. United States (1977)
* United Steelworkers v. Weber (1979)
* Firefighters v. Stotts (1984)
* Wygant v. Jackson Board of Education (1986)
* Sheet Metal Workers v. EEOC (1986)
* Firefighters v. City of Cleveland (1986)
* United States v. Paradise (1987)
* Johnson v. Transportation Agency (1987)
* Wards Cove Packing Co. v. Atonio (1989)
* Piscataway School Board v. Taxman (3d Cir. 1996)
* Ricci v. DeStefano (2009)
* Charlton-Perkins v. University of Cincinnati (6th Cir. 2022)

Grants,
Contracting,
and Set-Asides|

* Kahn v. Shevin (1974)
* Califano v. Webster (1977)
* Fullilove v. Klutznick (1980)
* City of Richmond v. J.A. Croson Co. (1989)
* Metro Broadcasting, Inc. v. FCC (1990)
* Lamprecht v. FCC (D.C. Cir. 1992)
* Northeastern Fla. Chapter, Associated Gen. Contractors of America v. City of Jacksonville (1993)
* Adarand Constructors, Inc. v. Peña (1995)
* Adarand Constructors, Inc. v. Slater (2000)
* Adarand Constructors, Inc. v. Mineta (2001)
* Vitolo v. Guzman (6th Cir. 2021)

Federal legislation
and edicts|

* Section 1981 of the Civil Rights Act of 1866
* Equal Protection Clause of the Fourteenth Amendment (1868)
* Executive Order 10925 (1961)
* Title VI of the Civil Rights Act of 1964
* Title VII of the Civil Rights Act of 1964
* Executive Order 11246 (1965)

State initiatives|

* Proposition 209 (CA, 1996)
* Initiative 200 (WA, 1998)
* Proposal 2 (MI, 2006)
* Amendment 46 (CO, 2008, failed)
* Initiative 424 (NE, 2008)
* Proposition 107 (AZ, 2010)
* State Question 759 (OK, 2012)
* Referendum 88 (WA, 2019, failed)
* Proposition 16 (CA, 2020, failed)

People|

* Peter Arcidiacono
* Edward Blum
* Carl Cohen
* Ward Connerly
* Arthur Fletcher
* Richard Kahlenberg
* Richard Sander
* Stuart Taylor Jr.
* Abigail Thermstrom
* Stephan Thermstrom
* Ron Unz

* v
* t
* e

United States Fourteenth Amendment case law

Citizenship Clause

* Slaughter-House Cases (1873)
* Minor v. Happersett (1875)
* Elk v. Wilkins (1884)
* United States v. Wong Kim Ark (1898)
* Mackenzie v. Hare (1915)
* Perez v. Brownell (1958)
* Afroyim v. Rusk (1967)
* Rogers v. Bellei (1971)
* Vance v. Terrazas (1980)
* Saenz v. Roe (1999)

Due Process Clause

| Economic substantive
due process|

* Mugler v. Kansas (1887)
* Allgeyer v. Louisiana (1897)
* Holden v. Hardy (1898)
* Lochner v. New York (1905)
* Muller v. Oregon (1908)
* Coppage v. Kansas (1915)
* Buchanan v. Warley (1917)
* Adams v. Tanner (1917)
* O'Gorman & Young, Inc. v. Hartford Fire Insurance Co. (1931)
* West Coast Hotel Co. v. Parrish (1937)

|

Abortion jurisprudence|

* United States v. Vuitch (1971)
* Roe v. Wade (1973)
* Doe v. Bolton (1973)
* Planned Parenthood of Central Missouri v. Danforth (1976)
* Bellotti v. Baird I (1976)
* Colautti v. Franklin (1979)
* Bellotti v. Baird II (1979)
* H. L. v. Matheson (1981)
* City of Akron v. Akron Center for Reproductive Health (1983)
* Thornburgh v. American College of Obstetricians & Gynecologists (1986)
* Webster v. Reproductive Health Services (1989)
* Hodgson v. Minnesota (1990)
* Planned Parenthood v. Casey (1992)
* Mazurek v. Armstrong (1997)
* Stenberg v. Carhart (2000)
* Ayotte v. Planned Parenthood of Northern New England (2006)
* Gonzales v. Carhart (2007)
* Whole Woman's Health v. Hellerstedt (2016)
* Azar v. Garza (2018)
* Box v. Planned Parenthood of Indiana and Kentucky, Inc. (2019)
* June Medical Services, LLC v. Russo (2020)
* Dobbs v. Jackson Women's Health Organization (2022)

Right to privacy|

* Meyer v. Nebraska (1923)
* Pierce v. Society of Sisters (1925)
* Griswold v. Connecticut (1965)
* Roe v. Wade (1973)
* Doe v. Bolton (1973)
* Bowers v. Hardwick (1986)
* Webster v. Reproductive Health Services (1989)
* Planned Parenthood v. Casey (1992)
* Lawrence v. Texas (2003)
* Dobbs v. Jackson Women's Health Organization (2022)

Litigation under
R.S. § 1979 (42 U.S.C. 1983)|

* Monroe v. Pape (1961)
* McNeese v. Board of Education (1963)
* Pierson v. Ray (1967)
* Jenkins v. McKeithen (1969)
* Scheuer v. Rhodes (1974)
* Wood v. Strickland (1975)
* O'Connor v. Donaldson (1975)
* Paul v. Davis (1976)
* Imbler v. Pachtman (1976)
* Monell v. Department of Social Services of the City of New York (1978)
* Procunier v. Navarette (1978)
* Owen v. City of Independence (1980)
* Harlow v. Fitzgerald (1982)
* Felder v. Casey (1988)
* Will v. Michigan Department of State Police (1989)
* Gonzaga University v. Doe (2002)
* Inyo County v. Paiute-Shoshone Indians of the Bishop Community (2003)
* City of Rancho Palos Verdes v. Abrams (2005)
* Fitzgerald v. Barnstable School Committee (2009)
* Ashcroft v. Iqbal (2009)
* Los Angeles County v. Humphries (2010)
* Connick v. Thompson (2011)

Other|

* Jacobson v. Massachusetts (1905)
* Zucht v. King (1922)
* Buck v. Bell (1927)
* Powell v. Alabama (1932)
* Mullane v. Central Hanover Bank & Trust Co. (1950)
* NAACP v. Alabama (1958)
* Hoyt v. Florida (1961)
* Oyler v. Boles (1962)
* Loving v. Virginia (1967)
* Epperson v. Arkansas (1968)
* In re Winship (1971)
* Cleveland Board of Education v. LaFleur (1974)
* Arnett v. Kennedy (1974)
* Taylor v. Louisiana (1975)
* Goss v. Lopez (1975)
* Mathews v. Eldridge (1976)
* Moore v. City of East Cleveland (1977)
* Duren v. Missouri (1979)
* Parham v. J.R. (1979)
* Parratt v. Taylor (1981)
* Logan v. Zimmerman Brush Co. (1982)
* Kolender v. Lawson (1983)
* Hudson v. Palmer (1984)
* Cleveland Board of Education v. Loudermill (1985)
* Edwards v. Aguillard (1987)
* Turner v. Safley (1987)
* DeShaney v. Winnebago County (1989)
* Michael H. v. Gerald D. (1989)
* Cruzan v. Director, Missouri Department of Health (1990)
* Washington v. Glucksberg (1997)
* Troxel v. Granville (2000)
* Caperton v. A.T. Massey Coal Co. (2009)
* Obergefell v. Hodges (2015)
* Williams v. Pennsylvania (2016)

Equal Protection Clause

| Race|

* Pace v. Alabama (1883)
* Yick Wo v. Hopkins (1886)
* Plessy v. Ferguson (1896)
* Cumming v. Richmond County Board of Education (1899)
* Lum v. Rice (1927)
* Smith v. Texas (1940)
* Hirabayashi v. United States (1943)
* Korematsu v. United States (1944)
* Sipuel v. Board of Regents of the University of Oklahoma (1948)
* Shelley v. Kraemer (1948)
* Perez v. Sharp (Cal. 1948)
* Sweatt v. Painter (1950)
* McLaurin v. Oklahoma State Regents (1950)
* Brown v. Board of Education (1954)
* Briggs v. Elliott
* Davis v. County School Board of Prince Edward County
* Gebhart v. Belton
* Lucy v. Adams (1955)
* Browder v. Gayle (M.D. Ala. 1956)
* Anderson v. Martin (1964)
* Griffin v. County School Board of Prince Edward County (1964)
* McLaughlin v. Florida (1964)
* Reitman v. Mulkey (1967)
* Loving v. Virginia (1967)
* Lee v. Washington (1968)
* Green v. County School Board of New Kent County (1968)
* Hunter v. Erickson (1969)
* Hadnott v. Amos (1969)
* United States v. Montgomery County Board of Education (1969)
* Alexander v. Holmes County Board of Education (1969)
* Swann v. Charlotte-Mecklenburg Board of Education (1971)
* McDaniel v. Barresi (1971)
* Palmer v. Thompson (1971)
* Coit v. Green (1971)
* Guey Heung Lee v. Johnson (1971)
* Jefferson v. Hackney (1972)
* Keyes v. School District No. 1, Denver (1973)
* Norwood v. Harrison (1973)
* Milliken v. Bradley (1974)
* Village of Arlington Heights v. Metropolitan Housing Development Corp. (1977)
* Dayton Bd. of Ed. v. Brinkman (1977)
* Regents of the University of California v. Bakke (1978)
* Washington v. Seattle School Dist. No. 1 (1982)
* Crawford v. Los Angeles Board of Education (1982)
* Palmore v. Sidoti (1984)
* Hunter v. Underwood (1985)
* Wygant v. Jackson Board of Education (1986)
* City of Richmond v. J.A. Croson Co. (1989)
* Board of Education of Oklahoma City v. Dowell (1991)
* Freeman v. Pitts (1992)
* United States v. Fordice (1992)
* Northeastern Fla. Chapter, Associated Gen. Contractors of America v. Jacksonville (1993)
* Missouri v. Jenkins (1995)
* Texas v. Lesage (1999)
* Gratz v. Bollinger (2003)
* Grutter v. Bollinger (2003)
* Johnson v. California (2005)
* Parents Involved in Community Schools v. Seattle School District No. 1 (2007)
* Fisher v. University of Texas I (2013)
* Schuette v. Coalition to Defend Affirmative Action (2014)
* Fisher v. University of Texas II (2016)
* Students for Fair Admissions v. President and Fellows of Harvard College (2023)

|

Sex|

* Breedlove v. Suttles (1937)
* Goesaert v. Cleary (1948)
* Reed v. Reed (1971)
* Moritz v. Commissioner (1972)
* Kahn v. Shevin (1974)
* Geduldig v. Aiello (1974)
* Stanton v. Stanton (1975)
* Edwards v. Healy (1975)
* Craig v. Boren (1976)
* Orr v. Orr (1979)
* Parham v. Hughes (1979)
* Caban v. Mohammed (1979)
* Personnel Administrator of Massachusetts v. Feeney (1979)
* Wengler v. Druggists Mut. Ins. Co. (1980)
* Kirchberg v. Feenstra (1981)
* Michael M. v. Superior Court of Sonoma County (1981)
* Mississippi University for Women v. Hogan (1982)
* Lehr v. Robertson (1983)
* J.E.B. v. Alabama ex rel. T.B. (1994)
* United States v. Virginia (1996)
* United States v. Skrmetti (2024)

Sexual orientation|

* Bowers v. Hardwick (1986)
* Romer v. Evans (1996)
* Obergefell v. Hodges (2015)

Alienage|

* Patsone v. Pennsylvania (1914)
* Truax v. Raich (1915)
* Heim v. McCall (1915)
* Crane v. New York (1915)
* Terrace v. Thompson (1923)
* Porterfield v. Webb (1923)
* Webb v. O'Brien (1923)
* Frick v. Webb (1923)
* Ohio ex rel. Clark v. Deckebach (1927)
* Takahashi v. Fish and Game Comm'n (1948)
* Hernandez v. Texas (1954)
* Graham v. Richardson (1971)
* Sugarman v. Dougall (1973)
* In re Griffiths (1973)
* Examining Board v. Flores de Otero (1976)
* Nyquist v. Mauclet (1977)
* Foley v. Connelie (1978)
* Ambach v. Norwick (1979)
* Cabell v. Chavez-Salido (1982)
* Plyler v. Doe (1982)
* Bernal v. Fainter (1984)

Residency|

* Shapiro v. Thompson (1969)
* Arlington County Board v. Richards (1977)
* Metropolitan Life Insurance Co. v. Ward (1985)

Other|

* United States v. Cruikshank (1876)
* Santa Clara County v. Southern Pacific Railroad Co. (1886)
* Quaker City Cab Co. v. Commonwealth (1928)
* Breedlove v. Suttles (1937)
* Skinner v. Oklahoma (1942)
* Oyama v. California (1948)
* Oyler v. Boles (1962)
* Harper v. Virginia State Board of Elections (1966)
* Rinaldi v. Yeager (1966)
* Levy v. Louisiana (1968)
* Williams v. Rhodes (1968)
* Oregon v. Mitchell (1970)
* Boddie v. Connecticut (1971)
* Eisenstadt v. Baird (1972)
* Lehnhausen v. Lake Shore Auto Parts Co. (1973)
* San Antonio Independent School District v. Rodriguez (1973)
* Richardson v. Ramirez (1974)
* Village of Belle Terre v. Boraas (1974)
* Massachusetts Board of Retirement v. Murgia (1976)
* Trimble v. Gordon (1977)
* Zablocki v. Redhail (1978)
* New York City Transit Authority v. Beazer (1979)
* Mills v. Habluetzel (1982)
* City of Cleburne v. Cleburne Living Center, Inc. (1985)
* Clark v. Jeter (1988)
* Kadrmas v. Dickinson Public Schools (1988)
* Gregory v. Ashcroft (1991)
* Vacco v. Quill (1997)
* Bush v. Gore (2000)
* Armour v. Indianapolis (2012)

Enforcement Clause

* Civil Rights Cases (1883)
* Katzenbach v. Morgan (1966)
* Fitzpatrick v. Bitzer (1976)
* Dellmuth v. Muth (1989)
* City of Boerne v. Flores (1997)
* Florida Prepaid Postsecondary Education Expense Board v. College Savings Bank (1999)
* Kimel v. Florida Board of Regents (2000)
* United States v. Morrison (2000)
* Board of Trustees of the University of Alabama v. Garrett (2001)
* Nevada Department of Human Resources v. Hibbs (2003)
* Tennessee v. Lane (2004)
* United States v. Georgia (2006)
* Shelby County v. Holder (2013)

Other

* Gold Clause Cases (1935)
* Trump v. Anderson (2024)

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