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539 U.S. ____ (2003)

SUPREME COURT OF THE UNITED STATES

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No. 02—516

JENNIFER GRATZ and PATRICK HAMACHER,
PETITIONERS v. LEE BOLLINGER et al.

ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF
APPEALS FOR THE SIXTH CIRCUIT

[June 23, 2003]

Justice Breyer, concurring in the judgment.

I concur in the judgment of the Court though I do not join its opinion. I join Justice O’Connor’s opinion except insofar as it joins that of the Court. I join Part I of Justice Ginsburg’s dissenting opinion, but I do not dissent from the Court’s reversal of the District Court’s
decision. I agree with Justice Ginsburg that, in implementing the Constitution’s equality instruction, government decisionmakers may properly distinguish between policies of inclusion and exclusion, post, at 4, for the former are more likely to prove consistent with the basic constitutional obligation that the law respect each individual equally, see U.S. Const., Amdt. 14.