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GRATZ V. BOLLINGER AND GRUTTER V. BOLLINGER: A CASE STUDY JEFFREY M. GRILLIOT A Dissertation Submitted to the Graduate College of Bowling Green State University in partial fulfillment of the requirements for the degree of DOCTOR OF EDUCATION May 2007 Committee: Patrick D. Pauken, Advisor Leigh Ann Wheeler Graduate Faculty Representative Judith Jackson May Winifred O. Stone © 2007 Jeffrey M. Grilliot All Rights Reserved iii ABSTRACT Patrick Pauken, Advisor The purpose of this study was to understand why the affirmative action university admissions legal cases of Gratz v. Bollinger (2003) and Grutter v. Bollinger (2003) took place at the University of Michigan and to analyze the cases to understand the legal implications for the University of Michigan and the nation. The study provides insight and understanding in the rationale of the University of Michigan’s unique history with race and its historical desire and need to defend diversity. This study chronicles the historical events and legal precedents that led to, and coincided with, the major events at the University of Michigan and at the Supreme Court. This study reviews and analyzes the Supreme Court cases of Gratz v. Bollinger and Grutter v. Bollinger and their importance to policy making and implementation at colleges and universities. This study begins by outlining the relevant historical events that shaped the perception of race and affirmative action in the United States. It provides the reader with various federal policies and social movements that shaped civil rights legislation and provides an historical context of race, education and the law. It is intended as a primer to better understand the law “behind” Gratz and Grutter and to introduce the reader to the history of affirmative action in university admissions. In order to provide the reader with the rationale for the motivation of the University of Michigan to become involved in the case, a brief history of three events at the University of Michigan—the admission of women, the Black Action Movements, and the Michigan Mandate—and the resulting policy decisions are examined. The study moves on to describe the events leading to the litigation and will examine both Grutter and Gratz. This iv research does more than retrace the history of race and affirmative action; it explores the link between past events and contemporary public policy. v ACKNOWLEDGMENTS The Road goes ever on and on Down from the door where it began. Now far ahead the Road has gone, And I must follow, if I can, Pursuing it with eager feet, Until it joins some larger way Where many paths and errands meet. And whither then? I cannot say. Sung by: Bilbo Baggins in the Fellowship of the Ring Like Bilbo’s song, my work with the dissertation has gone “ever on and on” and could only have been completed with the support and assistance of many people. First, I appreciate the patience and support of my family, Kim, Karly, Katie, and Kris. They have been very understanding during the long doctoral process and have forfeited many evenings and weekends together so I could spend time with class-work, research, and writing. Without the mentoring and direction of Dr. Pauken, my advisor, I could not have completed the dissertation. He has been a true mentor, an adviser, and teacher. He has been a source of inspiration and information. I will always be grateful for his time, attention to detail, and dedication. Thanks also are due to my committee members, Leigh Ann Wheeler, Judy Jackson May, and Win Stone. Thanks to Bruce Edwards for his patience and support during the writing process, to Joyce Koch for her assistance with typing and references, to Laura Hertzfeld for her assistance with the publication of the handouts for the oral defense, and for all others that provided continued support during the doctoral process. vi TABLE OF CONTENTS Page CHAPTER I. INTRODUCTION.......................................................................................... 1 Purpose ............................................................................................................ 3 Research Questions.................................................................................................... 5 Researcher Perspectives and Interest......................................................................... 6 Outline ............................................................................................................ 9 CHAPTER II. METHODOLOGY........................................................................................ 11 Historical Case Study................................................................................................. 11 Legal Research........................................................................................................... 13 Data Collection and Analysis..................................................................................... 14 CHAPTER III. CIVIL RIGHTS, A PRELUDE TO AFFIRMATIVE ACTION................. 16 Education and Professional Opportunities................................................................. 16 Laws ............................................................................................................ 17 Politics and Protests ................................................................................................... 20 Conclusion ............................................................................................................ 30 CHAPTER IV. EDUCATION, RACE, AND THE LAW ................................................... 32 Introduction ............................................................................................................ 32 Morrill Act ............................................................................................................ 34 Affirmative Action in Higher Education ................................................................... 37 Summary and Analysis .............................................................................................. 64 CHAPTER V. DIVERSITY AT THE UNIVERSITY OF MICHIGAN.............................. 67 Introduction ............................................................................................................ 67 vii Early Years and the Admission of Women and Minorities ....................................... 68 Student Activism and the Black Action Movements (BAM) .................................... 74 Michigan Mandate and the Duderstadt Era ............................................................... 80 CHAPTER VI. GRATZ AND GRUTTER........................................................................... 84 Introduction................................................................................................................ 84 The Center for Individual Rights, Political Climate, and Media ............................... 85 Amicus Briefs ............................................................................................................ 90 A Case Analysis: Grutter and Gratz.......................................................................... 91 Summary and Analysis .............................................................................................. 108 CHAPTER VII. DISCUSSION AND CONCLUSION........................................................ 113 Suggestions for Leadership and Practice ................................................................... 128 PRIMARY REFERENCES ................................................................................................... 134 SECONDARY REFERENCES............................................................................................. 137 1 CHAPTER I. INTRODUCTION The Committee on Admission of the college, after consideration of your application, regrets to inform you that it cannot offer you a place in our entering class next fall. This year the number of qualified applicants far exceeded the number of places available in the Freshman Class, and it was inevitable that many students who were qualified for admission could not be accepted. (The Qualified Student, p. 3) Each year, thousands of applicants to colleges and universities all across the United States receive a rejection letter, like the one produced above, from a college or university. Jennifer Gratz, a white female, seemed to be the kind of student any college or university would want to admit. She is a policeman’s daughter who attended public school in a working-class Detroit suburb. Gratz had a 3.76 grade point average in high school and scored a 25 on the ACT college admission test. She was a math tutor, blood-drive organizer, a volunteer at her school’s “senior citizen’s prom”, she was a cheerleader and the homecoming queen. Her goal was to become a doctor, to help people and to give back to her community. She received a rejection letter from the University of Michigan. Her rejection at the University of Michigan forced her to attend a less selective university and she gave up her dream to become a doctor. Barbara Grutter, a white female, was a mother of two that put herself through college while maintaining a 4.00 grade point average. In addition, she ran her own health-care consulting company for thirteen years. She had always wanted to be a lawyer and applied to the University of Michigan’s Law School. She applied and was rejected. Some applicants may be so discouraged by a rejection letter to their first-choice university that they may decide not to attend any institution of higher education. Others may 2 apply
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