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Periodic Review

Importantly, Grutter requires colleges and universities using race-conscious admissions programs to review them periodically in order to determine whether such programs are required to achieve diversity; however, the Court did not specify how often such review should occur. It is advised that an institution should review its admissions program every few years.

It is also important to note that, contrary to popular belief, there is no 25-year sunset provision for race-conscious admissions programs. Although many who are opposed to affirmative action have asserted that Justice O’Connor in her majority opinion set forth a 25-year sunset provision, that statement merely expressed an aspiration. “As long as Grutter is good law, student body diversity in higher education will always be a compelling state interest.”