Race as Mission Critical: The Occupational Need Rationale in Military Affirmative Action and beyond

Abstract

In Grutter v. Bollinger, the much-anticipated case challenging affirmative action practices at the University of Michigan Law School, the Supreme Court held for the first time that “obtaining the educational benefits that flow from a diverse student body” represents a compelling state interest. Adopting much of Justice Powell’s analysis from the landmark Bakke case, the Grutter majority emphasized that racial diversity within a student body promotes the “‘robust exchange of ideas,’” and renders classroom discussions “‘more enlightening and interesting.’” The Court further reasoned that universities deserve substantial leeway in making admissions decisions because they are uniquely positioned to assess the pedagogical values associated with racial diversity. Notably, however, the Court did not confine its analysis of the educational benefits of diversity to matters concerning the quality of the educational experience at the University of Michigan. Rather, it relied heavily on a separate strand of argument that emphasized the need to