Can someone explain why Breyer, who concurs with O'Connor's majority opinion in Grutter without reservation and who concurs with Justice Ginsburg's position that race can be used for inclusive purposes on a different standard than for exclusive purposes, concurs in the outcome of Graatz? Moreover, how can he join O'Connor's concurring opinion in Graatz but not join the opinion of the Court? I understand everyone in this melange except Breyer.
Bill Funk Lewis & Clark Law School
