After two opposing verdicts by two separate courts, the University continues to defend its use of race in admissions, which began in October 1997 when Jennifer Gratz and Patrick Hamacher, two rejected LSA applicants, sued the College of Literature, Science and the Arts regarding its undergraduate admissions policies.

Several months later, another lawsuit was filed against the Law School by Barbara Grutter, who claimed she was denied admission to the Law School while less qualified minority applicants were admitted.

Both of the cases against the University are being represented by the Center for Individual Rights, which has also represented plaintiffs in several other cases against university's with race-based admissions policies.

Throughout the legal battle, the University has maintained that using race as a factor in admissions enhances the learning environment, but CIR claims the University's policies are unconstitutional and discriminates against white applicants.

According to CIR, Gratz graduated form Southgate Anderson High School with a 3.765 GPA and a score of 25 on her Academic Comprehension Test. She was also active in student government and varsity cheerleading.

Although Gratz was rejected from the University's Ann Arbor campus, she enrolled in courses at the University's Dearborn Campus. CIR said she would not like to transfer, but does want to see the University's policies changed.

Hamacher attended Luke Powers Catholic High School in Flint, held a 3.373 GPA and scored a 28 on his ACT. In high school, he was the starting center on this football team, a varsity catcher, active in the Quiz Bowl team and a hospice volunteer, according to CIR.

After being rejected from the University, Hamacher enrolled at Michigan State University and is a member of the basketball team. CIR said Hamacher would like to transfer to Michigan if given the opportunity.

A third party, the interveners, is also involved in both cases. The interveners represent minority high school students who plan on applying to the University. But unlike the University, the interveners believe race should remain a factor as a way to remedy past discriminations.

The interveners are comprised of minority high school students and their parents, Citizens for Affirmative Action's Preservation, the National Association for the Advancement of Colored People, the American Civil Liberties Union Fund of Michigan and the Mexican American Legal Defense and Educational Fund.

Although the trial court rejected the interveners' motion to participate, the 6th Circuit overruled that decision.

The final groups trying to influence the court's decision are the dozens of companies and organizations that have filed amicus briefs with the court. These supporters of diversity in education and the workplace include General Motors, 33 Fortune 500 companies, the American Bar Association, United Auto Workers and the American Council on Education.

In December 2001, an opinion by U.S. District Judge Patrick Duggan was made in the case of Gratz v. Bollinger ruling in favor of LSA admissions policies. It stated that the University had "solid evidence regarding the educational benefits that flow from a racially and ethnically diverse student body." But in March 2001, the University suffered a "total loss" when U.S. District Judge Bernard Friedman ruled against the Law School's admissions policies in the case of Grutter v. Bollinger.

While Judge Duggan's opinion stated that diversity is a compelling state interest and that the University meets the standards set by the U.S Supreme Court decision in Bakke v. University of California Board of Regents in 1978, Judge Friedman's opinion stated that the use of race in admissions is unconstitutional and that the Law School's policies put too much emphasis on race.

Both sides appealed the decision to the 6th Circuit Court of Appeals; oral arguments began in December 2001.