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In Grutter and Gratz, why could the plaintiff's challenge the University of Michigan's admissions criteria, which was not a law per se, as improperly discriminatory?

In Grutter and Gratz, why could the plaintiff's challenge the University of Michigan's admissions criteria, which was not a law per se, as improperly discriminatory? Which tier of scrutiny did the Court apply? What did the Court hold and why?

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