DeFunis v. Odegaard was the first time a challenge to a higher education affirmative action policy was brought before the Court. The petitioner, Marco DeFunis Jr., was a white male who applied to and was rejected by the University of Washington School of Law for the class beginning in September of 1971. He claimed this was the result of the Law School improperly considering race in their admissions program. The Court did not reach the merits of this claim, holding that his impending graduation rendered the case “moot,” that is, that it no longer presented a live dispute.

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