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Gutter v. Bollinger (2003)

539 U.S. 982 (2003)

The NAACP joined the brief of amici curiae along with the Lawyers' Committee for Civil Rights Under Law, the Minority Business Enterprise Legal Defense and Education Fund, Inc., the National Women's Law Center, National Partnership for Women & Families, Coalition of Bar Associations of Color, and Sigma Pi Phi Fraternity. The amici argue in this brief that the compelling state interest in enrolling a diverse student body satisfies strict scrutiny review articulated in Regents of University of California v. Bakke and should be adhered to as a matter of stare decisis. We further argued that the University of Michigan Law School's admissions policy satisfied strict scrutiny because it was narrowly tailored. The brief also argues that the Court of Appeals was well within its province in reviewing de novo the constitutional facts associated with the determination of issues presented in the case.


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