Sunday, July 28, 2019

Legal Environment of Business Essay Example | Topics and Well Written Essays - 250 words - 3

Legal Environment of Business - Essay Example The court was of the opinion that the equal protection clause does not prohibit use of race in admission decisions to obtain education benefits from diversity. Barbara Grutter, a white Michigan resident, applied to the Law School in 1996 but was denied admission despite having the requisite scores, 3.8 GPA and 161 LSAT score. She filed suit against the Law School, which respondents racially discriminated against her in violation of the Fourteenth Amendment. The district court held that the Law Schools racial considerations were unlawful because the interest in diversity was not compelling and, even if it were, the policy "had not narrowly tailored its use of race to further that interest." Also, the district court granted Grutters requests for relief. The United States Court of Appeals for the Sixth Circuit vacated the injunction and reversed. The appellate court held that the "use of race was narrowly tailored because race was merely a potential plus factor" and the policy was consistent with Justice Powells opinion in Regents of University of California v. Bakke. The Supreme Court of the United States granted certiorari and affirmed the appellate decision. Chief Justice Rehnquist, Justice Kennedy, Justice Scalia, and Justice Thomas, all dissented with the argument that system at the university was unconstitutional, thinly veiled and against the fourth amendment act. As stated by Chief Justice Rehnquist the percentage of African American applicants closely mirrored the percentage of African American applicants that were accepted. The concern of Powell for individual consideration, which the Court adopted in Grutter’s case, is ironically with an argument against minority preference. Those opposed to minority preference maintain that American society has traditionally been extremely meritocratic, focusing on individual merit and true potential of applicants. Also, since all races must be

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