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Brief of Harvard University, et al. as Amici Curiae Supporting Respondents in Gratz v. Bollinger

Legal Brief - February 18, 2003 -


  • Diversity is a compelling interest of highly selective universities to prepare students for diverse, multi-racial society
  • Percentage plans will not work for small schools like amici
  • Consideration of race grows out of needs of businesses and professions
  • Interests of diversity and race-based affirmative action do not reflect impermissible stereotyping
  • Court should respect the separate, strict admissions policies of different schools
  • Explicit consideration of race in an individualized admissions policy is fully capable of satisfying the "narrowly tailoring" requirement
  • Interest of racial diversity cannot be served by race neutral factors like economic disadvantage
  • Consideration of race does not make an admissions plan a quota