This Article will identify the new strict scrutiny test, and will consider the reason for creating a separate definition of strict scrutiny for evaluating affirmative action policies that achieve diversity in the classroom. Part II of the Article will review constitutional challenges to affirmative action policies prior to Grutter and Gratz, and will discuss the split in the circuits that resulted from the Court's failure to endorse Justice Powell's definition of a compelling governmental interest in Bakke. Part III will provide an analysis of the Grutter and Gratz decisions, with a particular focus on each Court's discussion of the strict scrutiny test. Part IV will define the Court's strict scrutiny test for evaluating affirmative action admission policies, and will highlight why it is appropriate to use separate tests for challenges to affirmative action programs aimed at achieving diversity in the workplace and those aimed at achieving diversity in education.
Leslie Yalof Garfield, Back to Bakke: Defining the Strict Scrutiny Test for Affirmative Action Policies Aimed at Achieving Diversity in the Classroom, 83 Neb. L. Rev. 631 (2005), http://digitalcommons.pace.edu/lawfaculty/518/.