Article by Michelle Adams
In this Article, the author analyzes the use of the strict scrutiny standard of review in Grutter v. Bollinger. She posits that in deciding Grutter the Court refused to employ a mechanical and exceedingly rigid approach to strict scrutiny, as formerly evidenced in Adarand Constructors, Inc. v. Pena and Shaw v. Reno. Utilizing a more nuanced approach, the Grutter Court used strict scrutiny to ensure that race is used in a limited fashion to suit important society-wide aims. In this context, strict scrutiny in Grutter served two important functions: to “smoke out” overt versus covert uses of race and to balance societal benefits against potential societal harms.
About the Author
Michelle Adams. Professor of Law, Seton Hall University School of Law.
Citation
78 Tul. L. Rev. 1941 (2004)