Implementing affirmative action in higher education: University responses to Gratz and Grutter

In 2003, the Supreme Court handed down two landmark decisions regarding the use of affirmative action in higher education. In one case, Grutter v. Bollinger, the Court said it was constitutional to consider race in admissions decisions in order to achieve the educational benefits of a diverse student body. In stark contrast, the Court struck down in Gratz v. Bollinger the University of Michigan's undergraduate admissions policy on the grounds that too much of the decision was based on race. In this research note, we surveyed midwestern and southern institutions of higher education to see how college and university presidents in the Fifth and Sixth federal circuits have sought to implement Gratz and Grutter. We find schools in the Fifth Circuit (southern) do not consider race in admissions decisions and those in the Sixth Circuit (midwestern) utilize race to assemble a student body. We suggest that lower federal court precedent may explain why the midwestern schools consider race but the southern schools do not.