![]() The United States thus has an interest in the orderly development of the law regarding the use of race in university admissions, particularly to obtain the educational benefits of diversity. Department of Education regulations and policy guidance interpreting Title VI provide that educational institutions may take race into consideration for purposes of remedying past discrimination or enrolling a diverse student body. The Department of Education has parallel responsibility for the administrative enforcement of Title VI. § 2000d, which prohibits recipients of federal funds - including institutions of higher education - from discriminating on the basis of race, color, and national origin. § 2000c-6, including admission to public colleges and universities, and also has responsibility for the judicial enforcement of Title VI of the Civil Rights Act, 42 U.S.C. The Department of Justice has significant responsibilities for the judicial enforcement of the Equal Protection Clause of the Fourteenth Amendment in the context of public education, see 42 U.S.C. Institutions such as the University of Michigan should have the flexibility to develop and implement admissions programs that consider an applicant's race or ethnic background as simply one element, weighed fairly with others, to achieve that result. This case presents the critical issue of whether institutions of higher education may consider the race of applicants as one of many factors in their admissions decisions in order to further the compelling educational goal of enrolling a diverse student body. BRIEF OF THE UNITED STATES AS AMICUS CURIAE
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