Within the past few years, the question of the constitutionality of affirmative action has undeniably become one of the most widely debated public issues in the United States. Accusations of "reverse discrimination" have become more and more frequent, particularly by white students who believe they have been denied admission to public universities because of their race. Consequently, this question has been addressed in courts of all levels across the nation. However, due to the differing circumstances and legal issues of each case, the courts have not been able to agree on one acceptable standard and have consistently produced conflicting results and contradictory reasoning. On Monday, June 23, 2003, the Supreme Court of the United States released a historical opinion to the public in the case of Grutter v. Bollinger. From the information reviewed, a critique of the decision has been developed and an analytic approach has been taken to understand the effects of such a powerful decision.

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This dissertation provides a theoretically grounded framework for investigating "legal rhetoric." By making a distinction between the discursive elements of a Legal system and the broader rhetorical notion of Law, rhetorical critics can better understand the interdependent relationship between citizens, their legal structures, and their cultures. The Legal system represents the forum in which legal disputes are addressed. In contrast, the Law signifies the principles of justice and fairness that give rise to legal disputes addressed by the Legal system. This dissertation emphasizes the important role that media play in disseminating information about specific legal disputes and providing citizens an opportunity to reflect on which principles of justice and fairness are to be valued. This study specifically examines the text, reasoning, and media coverage of Gratz v. Bollinger and Grutter v. Bollinger, two U.S. Supreme Court cases related to the University of Michigan's use of racial classifications in its admissions process. By comparing which arguments and rhetorical elements from the Supreme Court's 2003 decisions were reported in the press, this dissertation both demonstrates the rhetorical concepts of the "Law" and the "Legal System" and suggests how citizens and rhetorical scholars can more fully critique legal texts. / text