Id., at 198. This means that such classifications are constitutional only if they are narrowly tailored to further compelling governmental interests. See id., at 507 (set-aside plan not narrowly tailored where “there does not appear to have been any consideration of the use of race-neutral means”); Wygant v. Jackson Bd. Petitioner alleged that respondents discriminated against her on the basis of race in violation of the Fourteenth Amendment; Title VI of the Civil Rights Act of 1964, 78 Stat. The Court validates these admissions standards by concluding that alternatives that would require "a dramatic sacrifice of ... the academic quality of all admitted students," ante, at 27, need not be considered before racial discrimination can be employed.6 In the majority's view, such methods are not required by the "narrow tailoring" prong of strict scrutiny because that inquiry demands, in this context, that any race-neutral alternative work " 'about as well.'

In this respect the Law School program compares unfavorably with the experience of Little Ivy League colleges.

Your doing with us has already played the mischief with us. To the contrary, diminishing the force of such stereotypes is both a crucial part of the Law School's mission, and one that it cannot accomplish with only token numbers of minority students. Universities can, however, consider race or ethnicity more flexibly as a "plus" factor in the context of individualized consideration of each and every applicant. 39-40 (noting the presence of a "diversity plan" for admission to the review), and in hiring at law firms and for judicial clerkships--until the "beneficiaries" are no longer tolerated. The Law School's goal of attaining a critical mass of underrepresented minority students does not transform its program into a quota. p. 4 (Jan. 2003), http://www.civilrightsproject.harvard.edu / research / reseg03/AreWeLosingtheDream.pdf (as visited June 16, 2003, and available in Clerk of Court's case file).

Chief Justice Rehnquist, with whom Justice Scalia, Justice Kennedy, and Justice Thomas join, dissenting. We apply strict scrutiny to all racial classifications to " 'smoke out' illegitimate uses of race by assuring that [government] is pursuing a goal important enough to warrant use of a highly suspect tool." Cooper v. Aaron, 358 U. S. 1 (1958). These objectives indicate that "critical mass" relates to the size of the student body. Less than 16% of the Law School's graduating class elects to stay in Michigan after law school. Thus, the Law School has a compelling interest in attaining a diverse student body. Munzel also asserted that she must consider the race of applicants because a critical mass of underrepresented minority students could not be enrolled if admissions decisions were based primarily on undergraduate GPAs and LSAT scores. Cf. This Court has limited the scope of equal protection review to interests and activities that occur within that State's jurisdiction. Id., at 314. (emphasis in original). The Court suggests a possible 25-year limitation on the Law School's current program.

"These programs stamp minorities with a badge of inferiority and may cause them to develop dependencies or to adopt an attitude that they are 'entitled' to preferences." for Cert. If the apples will not remain on the tree of their own strength, if they are worm-eaten at the core, if they are early ripe and disposed to fall, let them fall! So too with the suggestion that the Law School simply lower admissions standards for all students, a drastic remedy that would require the Law School to become a much different institution and sacrifice a vital component of its educational mission. Nevertheless, law schools continue to use the test and then attempt to "correct" for black underperformance by using racial discrimination in admissions so as to obtain their aesthetic student body. Petitioner further alleged that her application was rejected because the Law School uses race as a "predominant" factor, giving applicants who belong to certain minority groups "a significantly greater chance of admission than students with similar credentials from disfavored racial groups." In Adarand Constructors, Inc. v. Peña, we made clear that strict scrutiny must take “ ‘relevant differences’ into account.” 515 U.S., at 228. The Court expects that 25 years from now, the use of racial preferences will no longer be necessary to further the interest approved today. The Law School seriously considers each “applicant’s promise of making a notable contribution to the class by way of a particular strength, attainment, or characteristic–e.g., an unusual intellectual achievement, employment experience, nonacademic performance, or personal background.” Id., at 83—84. In the landmark Bakke case, we reviewed a racial set-aside program that reserved 16 out of 100 seats in a medical school class for members of certain minority groups. [I]n the history of this State, in more than one instance, that ignorance has led to unlawful violence, and the shedding of innocent blood."

See, e.g., Wygant v. Jackson Bd. Id., at 114.

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