Barbara Grutter case

This is the case that the Sixth Circuit Court of Appeals used to analyze the Bakke opinion on diversity being a compelling enough issue to allow race as a consideration in the admissions process of the University of Michigan Law School. In Marks, the petitioners for a writ of certiorari were convicted of transporting obscene materials in violation of a federal statue. The petitioners argued that because the acts that brought about charges occurred before Miller v. California was decided, they should be allowed a trial under “jury instructions not under Miller, but under the more favorable formulation of Memoirs v. Massachusetts.” Miller established new standards for “isolating hardcore pornography from expression protected by the first amendment.” Under the statues established by Memoirs, the prosecution would have the burden of proving the materials in question were “utterly without redeeming social value.” Furthermore, the petitioners argued that they should not suffer repercussions for something that was only made illegal after Miller; and, the retroactive application of the new law was in violation of a ban by the Constitution of ex post facto laws. The conviction was reversed by the Supreme Court.

Some topics in this essay:
University Michigan, Law School, Justice Brennan, Justice Powell, California Bakke, Bakke Marks, Massachusetts” Miller, Rights Act, Circuit District, Court Appeals, admissions process, university michigan, law school, factor admissions, race factor, race admissions, race admissions process, race factor admissions, factor admissions process, minority students, ms grutter, court appeals, sixth circuit court, past discrimination, university michigan law,