Brief of John Conyers, Jr. and Other Members of Congress as Amici Curiae in Support of Respondents in Gratz v. Bollinger
Legal Brief - February 18, 2003
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- Racial diversity in higher education furthers compelling governmental interests that strengthen American democracy
- Considering race as one factor in admissions is constitutional
- The Supreme Court's framework for distinguishing legitimate race-conscious decisions from unlawful quotas preserves the efficacy of our federal system
- Non-remedial justifications can support race-conscious governmental action
- Eliminating diversity as compelling state interest will have negative consequences for the ideal rule of law
- Sustaining limited race-conscious decision-making allows government actors flexibility, which they do not have under percentage plans
- Congress and Executive Branch repeatedly endorsed race-conscious decision making as constitutional for ensuring full participation by all Americans in society
