As the nation approaches the two-year anniversary of the Grutter v. Bollinger Supreme Court decision upholding the consideration of race as one of many factors in higher education admissions, advocates in support of affirmative action say that threats to the policy still persist.

On June 23, 2003, the Court held (5-4) that racial diversity was a compelling state interest and that the University of Michigan Law School's admissions policies were narrowly tailored to fit this compelling interest.