One day later, the 6th Circuit Court of Appeals reversed Judge Friedman, and granted the University's emergency motion to stay the injunction by the defendants. In an earlier decision , Judge Patrick Duggan let stand the current U of M undergraduate admissions system that awards points on the basis of race. But, both judges agree that there is no evidence of past or present discrimination at the University of Michigan to warrant the use of race as a factor in admissions. Grutter Case Information Gratz Case Information Judge Friedman's opinion against U of M Law School See the special Michigan Information Page for more information on the undergraduate and law school cases. National Association of Scholars study refuting U of M diversity theory.
Many elite schools take account of an applicant's race in admissions.
Read CIR's handbook on racial preferences and find out. The University of Texas had argued that racial diversity has educational value. In it's ruling, the Fifth Circuit expressly declined to follow a recent ruling by the Ninth Circuit that Supreme Court Justice Lewis Powell's lone opinion in Regents of the University of California v. Bakke established a constitutional basis for schools to engineer a racial mix of students as well as a recent decision by a Michigan judge that educational diversity justifies the use of race preferences. The Fifth Circuit remanded the case for further findings as to whether an injunction was necessary to ensure compliance with its ruling and, if so, a determination as to its appropriate scope. CIR is asking the high court to review the question of whether diversity is a compelling governmental interest.