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Published online by Cambridge University Press: 09 September 2019
Chapter 5 examines the shifting landscape of the legal precedents controlling the use of race-conscious admissions policies in higher education. It begins with an in-depth examination of Bakke, which allowed such admissions policies for the sole purpose of pursuing the educational benefits of diversity. The chapter then traces the applications of Justice Powell’s framework announced in Bakke, and includes analyses of Grutter, Gratz, Fisher I, and Fisher II. Taken together, these cases reveal a tenuous adoption of Justice Powell’s approach which serves to prevent a robust pursuit of diversity and racial equity in higher education. The chapter features a discussion of recent ballot measures banning the use of race-conscious admisssions policies in certain states. The Supreme Court upheld the constitutionality of these measures in Schutte. The chapter concludes with an examination of Justice Sotomayor’s thought-provoking dissent in Schutte as well as a summary of the proven neuroscientific benefits of a diverse learning environment.
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