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It has been argued by some that Jennifer Gratz lacked legal standing to bring this action.
Gratz applied in 1995, three years before the University of Michigan adopted its points system.
Gratz could not claim injury as a result of the points system, and thus, under traditional legal rules, Gratz lacked standing.
Ms. Gratz chose not to attend the University of Michigan by declining the university's offer to be placed on a waiting list.
Every Michigan student who agreed to go onto the waiting list in the spring of 1995 was admitted to the University of Michigan for the fall 1995 semester.

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