Brief for Amici Curiae Senators Thomas A. Daschle, et al. in Support of Respondents in Grutter v. Bollinger, et al.
Legal Brief - February 19, 2003 -
- Bakke warrants continued adherence since Justice Powell's opinion was constitutionally sound and practically viable and since there is no legitimate reason, let alone any "special justification," for rejecting Bakke. Subsequent constitutional rulings build upon rather than undermine Bakke. Bakke's factual understandings regarding the benefits of diversity are unassailable.
- Because of the compelling national interests served, Congress and the Executive consistently have endorsed the Bakke regime. Congress and the Executive have treated Justice Powell's Bakke opinion as the controlling and correct interpretation of Title VI. Congress has enacted and the Executive has supported legislation recognizing the educational benefits of racial diversity. The federal government consistently has sought to promote diversity and inclusion in higher education.
- The Court's resolution of this case must take proper account of the legally relevant actions and judgments of the other two branches. The longstanding judgments of the legislature and the executive are significant to the statutory question. The longstanding judgments of the legislature and the executive are constitutionally significant.
