Cheryl J. Hopwood v. the State of Texas (1996)
This is a case of Cheryl J. Hopwood versus the University of Texas; she was seeking legal redress for failing to get admitted to the university’s law school despite higher scores and grades than minority candidates who secured admission. The law school’s decision was based on racial preference for blacks and Mexican Americans meant to create racial balance in the institution. In the United States Court of Appeals Fifth Circuit, Judge Jerry E. Smith ruled against the University of Texas Law School’s decision; moreover, it reversed the district court ruling that had allowed the university to continue imposing racial admission preferences. However, he approved the need for a diverse student body and the use of race in admission based on an individual evaluation, not a group; the institution must assess other factors such as participation in co-curricular activities and family background. Based on these factors, the judge ruled in favor of Hopwood that she should reapply and the institution consider other factors apart from race.
Grutter v. Bollinger et al (2003)
This was a case of Barbara Gutter versus Bollinger regarding her rejection to Michigan University law school despite having better performance than some minority candidates who got admitted. In her opinion, Justice O’Connor argued that admission should be based on the candidate’s academic potential, talents, and experiences. From the trial evidence, numerous reports and studies showed that a diverse student body influenced learning outcomes. She suggests the establishment of race-neutral criteria for admission. Justice Thomas, in a rejoinder, argue that the minority needs justice and not pity, sympathy, or benevolence; they should be given an opportunity. He condemns the university’s rigidity in embracing changes that are race-neutral. Justice Thomas further alludes that the Equal Protection Clause does not curb the use of legal preferences and other biased procedures of admission. He does not concur with the 25 years for the principle of equality to be vindicated.