Grutter and Gratz: Race Preference to Increase Racial Representation Held "Patently Unconstitutional" Unless Done Subtly Enough in the Name of Pursuing "Diversity"

Article by Lino A. Graglia

The purpose of race preferences in admission to institutions of higher education is not, as Grutter purports to believe, educational “diversity,” but simply to increase black enrollment. Because of the large black/white (and Asian) academic achievement gap this cannot be done if black applicants are made to compete with white and Asians, as the Court purports to require. The result of Grutter and Gratz is to permit schools to do surreptitiously what the Court calls “patently unconstitutional” if done openly.

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About the Author

Lino A. Graglia. A Dalton Cross Professor of Law, University of Texas School of Law.

Citation

78 Tul. L. Rev. 2037 (2004)

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