Which case upheld affirmative action policies in higher education under strict scrutiny?

• A. Regents of the University of California v. Bakke
• B. Wesberry v. Sanders
• C. Grutter v. Bollinger
• D. Fisher v. University of Texas

Answer: (C)

Under strict scrutiny, a race-conscious policy must pursue a compelling interest and be narrowly tailored to achieve it. In higher education, the compelling interest is the educational benefits that come from a diverse student body. Grutter v. Bollinger held that a law school’s admissions policy, which considered race as one factor in a holistic review, could satisfy strict scrutiny because it was designed to attain a diverse student body and was not a quota. The Court stressed that the process was flexible and individualized, using race as only one element among many, with ongoing assessment to ensure it remained narrowly tailored and not mechanical. This contrasts with the earlier Bakke decision, which rejected racial quotas but allowed race to be a factor, and with other cases that focus on different issues. Thus, Grutter v. Bollinger is the leading example of upholding affirmative action in higher education under strict scrutiny.