Exact(8)
After the appeals court upheld the program a second time, the Supreme Court affirmed that decision (2016), determining that strict scrutiny had been satisfied.
The case, GTE Corp. v. Federal Communications Commission, No. 99-1244, is an appeal from a ruling by the Fifth Circuit that upheld the program.
But in May last year, the United States Court of Appeals for the First Circuit, in Boston, lifted the injunction and upheld the program.
The undergraduate case, Gratz v. Bollinger, No. 02-516, asks the Supreme Court to bypass the Sixth Circuit and directly review the Federal District Court ruling that upheld the program in December 2000.
In this case, the Federal District Court in Denver found the evidence insufficient, but the United States Court of Appeals for the 10th Circuit took a fresh look at the evidence and upheld the program.
Four justices would have upheld the program against all attack on the ground that the government can use race to "remedy disadvantages cast on minorities by past racial prejudice".
Similar(52)
During the meeting, Roark says, she warned Hayden that no court would uphold the program.
Justice Sandra Day O'Connor broke with the court's conservatives and voted to uphold the program.
Justices Antonin Scalia and Clarence Thomas each wrote separately and were the strongest in upholding the program.
Judge Martin, who wrote the opinion upholding the program, did not respond at the time to Judge Boggs's filing.
In upholding the program, the United States Court of Appeals for the Fourth Circuit said the urine tests imposed only a minimal intrusion on the women.
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