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Your paper should also discuss Grutter v. Bollinger and especially what Thomas wrote in his dissent.  Grutter v. Bollinger examined the constitutionality of the affirmative action admissions policy used by the University of Michigan Law School. The case raised the question of whether it was permissible for the law school to use race as a factor in its selection process. Those opposed to such affirmative action policies argued that, as Justice Harlan wrote in dissent in Plessy v. Ferguson (the 1896 case we examined earlier in the course where the Court created the “separate but equal” doctrine), the Constitution should be “color blind”. In other words, opponents argue that to give preference to African American students (or women in the Grutter case) is no more constitutional than were the policies using race in the past to segregate minorities in schools etc. In effect, those opposed to affirmative action argue that race should not be a factor at all in university admissions policies. In effect, this was the argument in  Fisher v. Texas decided in June 2013.  In Fisher, the Supreme Court avoided having to re-examine the affirmative action issue raised in Grutter by focusing instead on the equal protection standard to be applied in such issues and sending the case back to the lower courts for further review.  In 2016 the Supreme Court again ruled Fisher v. Texas this time upholding the University of Texas’ use of race in its admissions policy.  In 2014, the Supreme Court ruled that Michigan could amend its state constitution by banning affirmative action admission policies in its state universities (Schuette v. Coalition to Defend Affirmative Action).


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