Brief of Amici Curiae, City of Philadelphia, Pennsylvania, City of Cleveland, Ohio and the National Conference of Black Mayors, Inc. in Support of Respondents in Gratz v. Bollinger, et al.
Legal Brief - February 18, 2003
-
- Supreme Court should reject petitioner's proposed rule
- Petitioner's proposed rule would inhibit institutes of higher education from treating their students as individuals
- Petitioner's proposed rule would disrupt balance between vindicating Fourteenth Amendments rights and interfering with the educational process
- Petitioners' "no consideration of race" is overly broad: colleges may face litigation for accepting any minority student with lower scores over any white student, regardless of individual criteria, and schools may be forced to reject minority students who they would have previously accepted
- Under "no consideration of race" judges will become final arbitrators of who is accepted into colleges "based on as yet-undetermined criteria", far exceeding their "limited judicial role"
- Supreme Court should re-affirm Justice Powell's Bakke opinion
