dissent

Chief Justice Rehnquist, joined by Justice Scalia, Justice Kennedy, and Justice Thomas, argued the Law School's admissions policy was an attempt to achieve an unconstitutional type of racial balancing.

“The Chief Justice attacked the Law School's asserted goal of reaching a "critical mass" of minority students, finding the absolute number African-American, Hispanic, and Native American students varied markedly, which is inconsistent with idea of a critical mass, in that one would think the same size critical mass would be needed for all minority groups.”

(http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=000&invol=02-241#dissent1)

Justice Thomas, joined by Justice Scalia said, concurring in part and dissenting in part, "Law School should be forced to choose between its classroom aesthetic and its exclusionary admissions system."

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