PHIL 165 Lecture Notes - Lecture 8: Equal Protection Clause, Strict Scrutiny, Grutter V. Bollinger
Document Summary
Circuit courts: strict scrutiny: interest in achieving diversity in student body was not compelling enough to infringe on rights. But scotus overruled, (not violated) saying equal protection clause does not prohibit michigan law school from their compelling interest in diverse student body. No acceptance/rejection automatically based on race, so it does not unduly harm nonminority applicants. Parents involved in community schools v. seattle school district no. Seattle school district had racial tiebreakers to push student body to the average student population. Parents sued saying volated equal protection clause of 14th amendment. Goal of preventing racial imbalance did not meet court"s standards for constitutionally legitimate. Plans lacked narrow tailoring necessary for race-conscious programs. Use of race was unconstitutional, but public schools may sometimes consider race to ensure equal educational opportunity. Strict scrutiny: compelling governmental interest, narrowly tailored law to achieve interest. If not, then there is no compelling end to remedy.
