In Grutter v. Bollinger the Supreme Court ruled that in making admissions decisions universities could consider race

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The Supreme Court ruled in Grutter v. Bollinger that race could be considered as a factor in admissions decisions, but not as an overriding factor. This meant that race could be taken into account as one of many factors, but not the sole determining factor. The court emphasized that diversity was a compelling interest for universities, but that race-neutral means should also be considered before resorting to race-conscious admissions policies.

In Grutter V