Footnote 216

See, e.g., Adarand Constructors, Inc. v. Pena, 515 U.S. 200, 235 (1995) (holding that all racial classifications, including those designed to help minority contractors, must be subjected to strict scrutiny); Hopwood v. Texas, 78 F.3d 932, 962 (5th Cir. 1996) (holding that state university's law school admissions program violated equal protection because it discriminated in favor of minority applicants), cert. denied, 518 U.S. 1033 (1996). As this article went to press, the Supreme Court upheld minority admissions procedures at the University of Michigan in the abstract. The precise formulae used to advance minority applicants, however, failed strict scrutiny review. Gratz v. Bollinger, 539 U.S. (2003).