Looking at the underlying facts in major cases in the Supreme Court and circuit court cases, we see that Black Americans have always been eligible, the Mexican American classification expanded into all Hispanics, Asian Americans and subgroups thereof were initially eligible, but later were considered “over-represented” and therefore at best ineligible for preferences, if not subject to higher standards than white applicants.
Defunis v. Odegaard: Black Americans, Chicanos, American Indians, and Filipino. Minority origin must be “dominant.”
Regents of the University of California v. Bakke: Black Americans, Mexican Americans, American Indians, and Asian Americans.
Podberesky v. Kirwan: Black Americans (scholarship rather than admissions).
Hopwood v. Texas: Black Americans and Mexican Americans.
Grutter v. Bollinger: (1) African Americans, Hispanics and Native Americans (according to the defendant)
(2) African Americans, Mexican Americans, Mainland Puerto Ricans, and Native Americans (according to the district court’s findings)
Fisher v. University of Texas: African Americans and Hispanics.
SFFA v. Harvard: African Americans, Hispanics, and Native Americans.
