Syllabus
(c) This Court first considered whether a university may make race-based admissions decisions in Bakke, 438 U. S. 265. In a deeply splintered decision that produced six different opinions, Justice Powell’s opinion for himself alone would eventually come to “serv[e] as the touchstone for constitutional analysis of race-conscious admissions policies.” Grutter, 539 U. S., at 323. After rejecting three of the University’s four justifications as not sufficiently compelling, Justice Powell turned to its last interest asserted to be compelling—obtaining the educational benefits that flow from a racially diverse student body. Justice Powell found that interest to be “a constitutionally permissible goal for an institution of higher education,” which was entitled as a matter of academic freedom “to make its own judgments as to … the selection of its student body.” 438 U. S., at 311–312. But a university’s freedom was not unlimited—“[r]acial and ethnic distinctions of any sort are inherently suspect,” Justice Powell explained, and antipathy toward them was deeply “rooted in our Nation’s constitutional and demographic history.” Id., at 291. Accordingly, a university could not employ a two-track quota system with a specific number of seats reserved for individuals from a preferred ethnic group. Id., at 315. Neither still could a university use race to foreclose an individual from all consideration. Id., at 318. Race could only operate as “a ‘plus’ in a particular applicant’s file,” and even then it had to be weighed in a manner “flexible enough to consider all pertinent elements of diversity in light of the particular qualifications of each applicant.” Id., at 317. Pp. 16–19.
