UM admissions case deals with two issues
The administration's case against the University of Michigan really deals with two different subjects: undergraduate admissions and law school admissions. Judicial precedent ordains that race can be used as a factor in admissions, just so long as applicants are not overtly omitted due to it.
By this criterion, the undergraduate program is truly unconstitutional. It uses a formulaic system to award extra points ÷ the equivalent of a full extra point in one's GPA ÷ to minority applicants. The law school's policy is much more ethereal, however: It says merely that the university should seek a "critical mass" of minority students. This undefined standard has led to fluctuating minority enrollment and does not legally constitute a quota, which has served as the constitutional litmus test for race-based policies for the past two decades.