ABSTRACT

In his confirmation hearings in 2009, United States Secretary of Education Arne Duncan called education “the civil rights issue of our generation, the only sure path out of poverty, and the only way to achieve a more equal and just society.” 1 The right to educational opportunity is indeed a critical foundation of our nation’s collective political and social consciousness. 2 The Supreme Court underscored the importance of increasing access to higher education for all individuals in its landmark decision, Grutter v. Bollinger, which provided a clear constitutional directive that colleges and universities may use carefully crafted race-conscious admissions policies to maximize the substantial benefits that flow from diverse student bodies. 3