The only issue in the U of M case was whether the Federal government could dictate policy to State schools.
Please. The school takes the federal money there are strings attached. They don't like it then get off the dole. The was NOT THE ISSUE. The issue was racial quotas and affirmative action with Gonzlaes supoorts. The conservative view is we are to be treated and regarded as individuals judged on merit, not classes. Class and group talk is for the liberals.
Have you actually read those cases? The question was whether the state had a compelling state interest to justify discrimination and whether the program involved was narrowly tailored. Gonzales' lobbied to have the administration concede that diversity was a compelling state interest.