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Justice Powell, announcing the Court's judgment, provided a fifth vote not only for invalidating the program, but also for reversing the state court's injunction against any use of race whatsoever. v. Bakke, 438 U. S. 265. What precisely counsel meant by "diverse" is indeterminate, but it is reported that in 2000 at Morehouse College, one of the most distinguished HBC's in the Nation, only 0.1% of the student body was white, and only 0.2% was Hispanic. to Pet. Gratz, ante, at 5 (Ginsburg, J., dissenting); Adarand, 515 U. S., at 273-274 (Ginsburg, J., dissenting). In truth, they permit the Law School's use of racial preferences on a seemingly permanent basis. Title VI of the Civil Rights Act of 1964, and 42 U.S.C. 1(4) (similarly providing for temporally limited affirmative action); Convention on the Elimination of All Forms of Discrimination against Women, Annex to G. A. Res. A handful of these schools accounts for 25 of the 100 United States Senators, 74 United States Courts of Appeals judges, and nearly 200 of the more than 600 United States District Court judges. Justice Clarence Thomas, who dissented from the ruling, agreed that racial preferences would be unconstitutional in twenty-five years. extremely tight decision of 5-4 on June 23, 2003. And the same Court that had the courage to order the desegregation of all public schools in the South now fears, on the basis of platitudes rather than principle, to force the Law School to abandon a decidedly imperfect admissions regime that provides the basis for racial discrimination. He concluded that membership in certain minority groups " 'is an extremely strong factor in the decision for acceptance,' " and that applicants from these minority groups " 'are given an extremely large allowance for admission' " as compared to applicants who are members of nonfavored groups. decisions. Here, the Law School engages in a highly individualized, holistic review of each applicant's file, giving serious consideration to all the ways an applicant might contribute to a diverse educational environment. In the landmark Bakke case, we reviewed a racial set-aside program that reserved 16 out of 100 seats in a medical school class for members of certain minority groups. ABA-LSAC Guide 427. Not only do respondents fail to explain this phenomenon, they attempt to obscure it. Adarand Constructors, Inc. v. Peña, 515 U. S. 200, 227 (1995) (emphasis in original; internal quotation marks and citation omitted). of Cal. (a) In the landmark Bakke case, this Court reviewed a medical school's racial set-aside program that reserved 16 out of 100 seats for members of certain minority groups. And the aestheticists will never address the real problems facing "underrepresented minorities,"11 instead continuing their social experiments on other people's children. 438 U. S., at 317-318. See, e.g., Richmond v. J. It is true that some language in those opinions might be read to suggest that remedying past discrimination is the only permissible justification for race-based governmental action. Id., at 256-267 (opinion concurring in result). The current issue concerns an allegation of the use of racial quotas to reduce the number of Asian-American students. With respect to the remaining 15 to 20 percent of the seats, race is likely outcome determinative for many members of minority groups. Adarand Constructors, Inc. v. Peña, supra, at 237 (internal quotation marks and citation omitted). He testified that faculty members were "breathtakingly cynical" in deciding who would qualify as a member of underrepresented minorities. Instead the Court upholds the use of racial discrimination as a tool to advance the Law School's interest in offering a marginally superior education while maintaining an elite institution. He indicated that critical mass means numbers such that underrepresented minority students do not feel isolated or like spokespersons for their race.

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