The District Court Judge Bernard A. Friedman ruled that the admissions policies were unconstitutional because they were nearly indistinguishable from a quota system, which is illegal.
The Sixth-Circuit Court turned over the decision of the District Court, claiming that the use of race was to further the compelling interest of diversity.
“The Law School's racial preferences were unconstitutional because they were not narrowly tailored. It held that the Law School's stated objective of enrolling a "critical mass" of "underrepresented" minority students was achieved through considering race as a "plus" factor in the manner approved by Justice Powell in Bakke and described in the "Harvard plan" referenced in Justice Powell's opinion. Finding that the Law School had no "fixed goal or target" for minority admissions, the court rejected the district court's finding that the Law School's "critical mass" was the functional equivalent of a quota.”
(http://supreme.lp.findlaw.com/supreme_court/briefs/02-241/02-241.pet.html)
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