Brief of Harvard University, et al. as Amici Curiae Supporting Respondents in Grutter v. Bollinger, et al.
Legal Brief - February 18, 2003
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- Consideration of race and ethnicity in an individualized admissions process serves compelling interests.
- Advancing the interests in diversity and inclusion is not tantamount to attempting to remedy societal discrimination.
- Strict scrutiny is satisfied by properly designed university admissions policies that consider race and ethnicity.
- Explicit consideration of race and ethnicity in an individualized admissions process is fully capable of satisfying the narrow tailoring requirement; petitioners' arguments rest on a misunderstanding of the admissions process at selective universities; the interest in racial diversity cannot be served by race-neutral reliance on factors, such as economic disadvantage, that are already carefully considered; the interest in racial diversity cannot be served by the newer alternatives involving non-individualized guaranteed admissions.
