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Brief of the States of Maryland, et al. as Amici Curiae in Support of Respondents in Gratz v. Bollinger, et al.

Legal Brief - February 19, 2003 -


  • Equal protection review of a public university's admissions decisions requires accommodation of First Amendment interests and respect for the states' traditional role in education
  • Public education issues are best left up to the states, as they always have been
  • Public universities have a compelling interest in the educational benefits of a diverse student body
  • An admissions program that provides for individualized, weighted consideration of race is narrowly tailored
  • The mere existence of alternatives does not preclude a university from establishing that a race-conscious admissions program is narrowly tailored to achieve its diversity goals