The U.S. Supreme Court Case Regents of the University of California v. Allan Bakke was officially decided June 28, 1978. The case addressed the issue of use of affirmative action in university admissions processes. Affirmative action, also referred to as positive discrimination, was a result of the Civil Rights Movement of the 1960s, and was intended to ensure equal entry to educational institutions or employment entities to certain groups that “have historically suffered invidious discrimination” (Janda et al., 477). However, sometimes this method causes discrimination of other groups, through establishment of racial quotas. University of California employed the process of affirmative action and instituted racial quotas in its admissions …show more content…
He was denied then and again in 1974. This second rejection lead him to file a suit against the school for discrimination and violation of the Equal Protection Clause of the Fourteenth Amendment. Under the special admissions program, candidates who applied to UC Davis Medical School had the opportunity to select if they considered themselves members of a “minority group,” which included American Indians, African Americans, Asians, and Chicanos, or “economically and/or educationally disadvantaged,” according to Cornell Law. Candidates who fell under this “special admissions” title did not have to meet certain typical admissions requirements, namely a grade point average above a 2.5 and a comparison against general applicants (Cornell Law). General admissions requirements gave applicants a scored based on a compilation of GPA, science GPA, MCAT score, admission interview, letter of recommendation, and extracurricular activities, and although Bakke had a score of 468 out of 500 during his first application and a 549 out of 600 during the second, he was denied …show more content…
The California Supreme Court ruled in agreement with Bakke that the quota system was unconstitutional, through interpretation of the Equal Protection Clause: “no applicant may be rejected because of his race, in favor of another who is less qualified, as measured by standards applied without regard to race” (US Const.). UC Davis later appealed the decision to the U.S. Supreme Court, who officially published their decision in 1978: 5-4. The Supreme Court ruled that UC Davis discontinue its racial quota program, but also approved of affirmative action in some cases “in education that use race as a plus factor” (Janda et al., 480). The Supreme Court published 6 opinions with Justice Powell’s being the controlling opinion. The two main points of Justice Powell’s opinion were that although achieving a diverse student body is a valid reason to justify use of race in admissions decisions, the special admission program at UC Davis was unnecessary to achieve that goal and that Allen Bakke must be admitted to the UC Davis Medical School because the university could not prove he would have been denied admission without existence of the special admissions program (Cornell
Though in Grutter v. Bollinger we deal with the 14th amendment of the Equal Protection Clause and racial classifications too, the way race is used is slightly differs. In this particular case, the court had to decide whether the use of race at the Univeristy of Michigan Law School during the admissions process violated the Equal Protection Clause of the 14th amendment. Barbara Grutter, a Caucasian applicant, applied to the University of Michigan in 1996 with a 3.8 GPA and a score of 161 on her LSAT. Grutter was placed on the waitlist, but was subsequently denied admission to the school. Grutter claims that she was only denied because of her race, as the University uses race as a factor in the admission process.
After carefully reviewing the oral argument and brief of case 14-191, Abigail Fisher v. University of Texas at Austin, I was impressed how well the plaintiff attorney argued her defense during the trail. The litigations were as stated, in 2008, the UT Austin enrollment department wrongfully denied admission based upon the school considered race discrimination in its admission process because Fisher was a white female student, and because of her inadequate academic achievements. Fisher lawyer focus adequately on the highlight of the case by persuading the court that she would have gotten accepted into the university if she wasn’t stereotyped on such matters: race, top 10 percent student, grades, test scores which she refer to as personal achievement index. UT at Austin attorneys really didn’t have much leading factories to propose a concrete objective. In the argument Fisher attorney used the Justice Powell‘s example on Bakke system to support is statement.
In Regents of the University of California v. Bakke, the Supreme Court ruled that the medical
Because there are two cases involved, there are two different legal questions that we must answer. First, we were to answer whether The Asian Society’s and its members Equal Protection rights were abridged upon by them being denied the benefits of the other minorities that attend West Central Dixie State University. Secondly, we were to answer the question brought to the court by The Sons of the Confederacy: Is the policy of positive segregation implemented by the university unconstitutional based on the rights guaranteed in the Fourteenth Amendment, specifically the Equal Protection clause. We agree with the lower Court’s ruling in the case of The Asian Society that the policy itself it not unconstitutional, but that it does violate the Fourteenth Amendment because the compelling interest of the university is not narrowly-tailored enough. It should include all minorities not just some for the policy of positive segregation to fulfill its purpose of multiculturalism and diversity.
In the case of Regents of the University of California v. Bakke, Allan Bakke a white male was rejected from regular admissions into California University. He was rejected twice; meanwhile, minority students with lower grade point averages were being admitted into the same school under a special admissions program. After his second rejection, Allan Bakke was very upset, so he filed a law suit to the Superior Court of Yolo County, California. He wanted the chance to be admitted into medical school through the special admissions program. The University said that their admissions program was important and it ought to be kept in the University.
They also reported that most of forty-two of the white students who were admitted had grades lower than her. 168 Latino and Black student applied, all who had better grades than her, yet only five of them were accepted. (qtd in
Coalition to Defend Affirmative Action, the Supreme Court decided that the amendment of Michigan’s Constitution which banned affirmative action at public institutions was constitutional. Prior to the enactment of this law, Michigan residents had voted in favor of the proposed amendment that prohibited consideration of race or sex in admissions to Michigan’s public universities. In turn, the Coalition to Defend Affirmative Action, Integration and Immigration Rights and Fight for Equality by Any Means Necessary, sued state officials-- arguing that this amendment violated the Equal Protection Clause of the Fourteenth
The civil rights area of the 1960s is over. Affirmative action policies based on racial quotas or preferences have been struck down by the Supreme Court, yet states have an interest in college admission that are diverse and reflect their general population. The University of Texas finds itself defending policies intended to conform to recent court rulings yet merely mentioning race as a factor in a holistic review has drawn a challenge. The University of Texas process of admissions aligns with Gutter V Bollinger. The facts of this case are in keeping with previous court precedents.
In Regents of University of California v. Bakke (1978), the Supreme Court ruled that a university 's use of racial "quotas" in its admissions process was unconstitutional, but a school 's use of "affirmative action" to accept more minority applicants was constitutional in some circumstances. " The college was asked to at least consider blacks in the admittance of college and they were asked to not use quotas in the admission
Bakke (1978) stated that the supreme court struck down on certain types of race-based preferences in state college admissions as violating the equal protection clause. This made it easier for minorities to be accepted to colleges. Sixteen out of one hundred seats were reserved for minority applicants, which were Blacks, Asians, Chicanos, and Native Americans. A white applicant named Allan Bakke, was denied admission twice, despite having a higher GPA and MCAT score than some of the minority applicant who were accepted admission. This is discrimination because applicants were accepted just because of their race, which goes against the 14th amendment.
These decisions also made it so job discrimination in federally funded programs were not allowed. In 1954, the U.S. Supreme Court announced a resolution that changed the way students went to school. At the end of the Brown v. Board of Education case, the Supreme Court said that "separate educational facilities are inherently unequal" (Morrison 19). Chief Justice Earl Warren said, "We conclude that in the field of public education, the doctrine of separate but equal has no place" (Somervill
The continued neoliberalism thinking is consistent with this decision. Although the overall goal was to desegregate schools that enrolled mostly white students, the Fordice decision also affected higher education and even led to the desegregation of primarily black colleges. This litigation is still
However, there’s a certain perversion to admission policies like this, policies like UT’s “top 10” program. These policies leverage their racial diversity via neighborhood, and thus public high school, segregation. As Jamelle Bouie write in a Slate article on the
According to the dominant theory the affirmative action was firstly introduced to deal with two types of social disruption in the 1960s as campus protests and urban riots in the North. However, this article is based on different theory as dominant theory's empirical evidence is limited. It examines the initial reason for advent of race-conscious affirmative action in 17 undergraduate institutions in the United States. And according to the research this article concludes that there were two waves that contributed to affirmative action: 1) first wave in the early 1960s introduced by northern college administrators 2) second wave in the late 1960s introduced as a response to the protests of campus-based students. This article will help me to establish the main reasons for introduction of race-conscious affirmative action in undergraduate
Throughout many of the affirmative action legal cases, one of the main arguments from proponents is that it is necessary in order to right the wrongs of past racial discrimination. Some say that affirmative action is justified because even though white applicants may be more qualified, this is only because they did not face the same hardships as their minority counterparts (Rachels, Ethics, 1973). Many argue if we do not integrate disadvantaged minorities into mainstream social institutions, they will continue to suffer the discrimination that has plagued our country for centuries and that this is detrimental to not only the minorities but also society as a whole (Anderson, 2002, 1270–71). However, the debate has recently shifted to the benefits of diversity in the classroom which the Supreme Court has affirmed as being a positive thing