The Chronicle of Higher Education

Does It Matter if Our Universities Look Like America?

November 01, 2022

Marvin Krislov, president, Pace University (NY), writes: I was vice president and general counsel at the University of Michigan when we defended our admissions process in the paired cases brought by Jennifer Gratz, against our undergraduate-admissions policy, and Barbara Grutter, against the admissions policy at our law school. We lost the undergraduate case, with the court finding the system too formula-based, and we won the law-school case, where our holistic policy was found to be appropriately narrowly tailored. Indeed, for the half-century since Bakke — through our two cases, and the two Fisher cases in Texas — the thrust of Supreme Court precedent has been consistent: that student-body diversity is an educational good, that it is acceptable to take race into account as one factor among many in a holistic process that aims to achieve that goal, and that the questions to be adjudicated are about the appropriate tailoring of those policies.

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