Regents of the University of California v. Bakke

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Regents of the University of California v. Bakke

A 1978 decision by the Supreme Court, Regents of the University of California v. Bakke, 438 U.S. 265, 98 S. Ct. 2733, 57 L. Ed. 2d 750, commonly referred to as Bakke, held that. although the university unlawfully discriminated against a white applicant by denying him admission to its medical school solely on the basis of his race, the university may consider the race of an applicant in its admission procedure in order to attain ethnic diversity in its student body.

In 1972, Allan Bakke, a 33-year-old white male engineer, applied for admission to the medical school of the University of California at Davis and was not accepted. Bakke was one of 2,664 applicants that year for 100 places. He applied again the next year and was again rejected. This second year, minority applicants with grade point averages, Medical College Admission Test scores, and other qualifications that were lower than Bakke's were accepted under a special minority admission program. This program set aside 16 of the 100 places in the entering class for minority groups titled blacks, Chicanos, Asians, and American Indians.

Following his second rejection, in 1974, Bakke instituted a lawsuit in the Superior Court of California against the university on the grounds that his rights had been violated under the equal protection clause of the Fourteenth Amendment of the U.S. Constitution; the California Constitution; and Title VI of the Civil Rights Act of 1964 (42 U.S.C.A. § 2000d et seq.), which proscribed the exclusion of any person from a federally funded program on the basis of race.

The California lower court ruled that the school's admission program was in violation of the state and federal constitutions and Title VI, but it would not order the university to admit Bakke to the medical school because Bakke had not shown that he would have won admission had there been no special minority program. Bakke then appealed to the California Supreme Court, which ruled that it was incumbent upon the university, not Bakke, to prove that he would not have been admitted if the special program had not been in effect. The school acknowledged that it could not satisfy the requirement, and the court ordered the university to admit Bakke. The university appealed to the U.S. Supreme Court, which granted certiorari (agreed to review the case), and the court order requiring Bakke's admission was suspended pending a decision by the High Court.

The Bakke case aroused intense controversy. Civil Rights supporters feared that the Court might hold that specific policies could not be employed to remedy past discrimination. On the other side of the issue stood Bakke and his supporters, charging that Bakke's civil rights were being violated simply because of his race, which happened to be white. A great deal of weight hung over the Bakke case as it moved through the courts, and, with enormous publicity surrounding their decision, the Supreme Court justices were keenly aware of the case's importance.

On June 27, 1978, the Court divided sharply in its decision, presenting six separate opinions. Four justices chose to address only the statutory issue of Title VI and found for Bakke, including his admission to the medical school, because the quota in the university's admission plan had clearly excluded Bakke on the basis of his race. Four justices addressed the larger constitutional issue of the Equal Protection Clause and found for the medical school because its intent was not to exclude Bakke but only to include individuals of other races for compelling government reasons. The deciding swing vote was cast by Justice lewis f. powell jr., who found for both. Powell's contention was that the Title VI plurality was correct in that the university had violated the "plain meaning" of the civil rights act, which proscribed discrimination based on race, and ordered Bakke be admitted to the medical school. But Powell also found that the university could use "race-conscious" factors in selecting its applicants in order to achieve the benefits of a "diverse student body."

This divided decision settled the Bakke case, but it left the legal issue muddled: what actions, if any, could the state take to protect minorities in the marketplace? Subsequent court decisions struggled repeatedly over this primary civil rights question.

In 2003, the Affirmative Action issue returned to the Supreme Court. A group of unsuccessful white applicants to the University of Michigan's undergraduate program and law school filed a lawsuit challenging the university's admission policies. The school uses a point scale to rate applicants, with grades and academics counting for more than two-thirds of the points. However, members of "underrepresented" racial and ethnic groups receive extra points, as do children of alumni and people from underrepresented geographic areas. The applicants and the Bush administration argued that giving points for race amounted to a quota, while the university contended that race was just one factor in promoting a diverse student body. The Supreme Court, in Gratz v. Bollinger, 539 U.S. ___, 123 S.Ct. 2411, 156 L.Ed. 2d 257 (2003), reaffirmed Bakke. The Court held that higher education institutions may use race as one factor in evaluating applicants but, as in Bakke, warned against the use of racial quotas or policies that give race too prominent a role in the selection process.

Further readings

Ball, Howard. 2000. The Bakke Case: Race, Education, and Affirmative Action. Lawrence: Univ. Press of Kansas.

Daniel, T.K. Philip. 2003. "Diversity in University Admissions Decisions: The Continued Support of Bakke." Journal of Law and Education 32 (January).

Kirkelie, Stephen M. 2002. "Higher Education Admissions and Diversity: The Continuing Vitality of Bakke v. Regents of the University of California and an Attempt to Reconcile Powell's and Brennan's Opinions." Willamette Law Review 38 (fall).

Schwartz, Bernard. 1988. Behind Bakke: Affirmative Action and the Supreme Court. New York: New York Univ. Press.

Cross-references

Affirmative Action; Colleges and Universities; Equal Protection; Strict Scrutiny; United Steelworkers v. Weber.

References in periodicals archive ?
His rationale was not unlike that put forward by Justice Powell in the Bakke case, four years later.
Unbeknownst to many, the Bakke case was not the first decision on race-based admissions policies in higher learning institutions to reach the Supreme Court.
The Bakke case produced more amicus briefs than any Supreme Court case to date.
The Weber case ruling by the Supreme Court made some partial headway in resolving the problem, which Bakke case never completely kept to rest.
Victor Goode is a law professor at CUNY Law School and was director of the National Conference of Black Lawyers when they filed an amicus brief in the Bakke case.
In the 1978 Bakke case, a divided court ruled that schools can use race as a "plus" factor in making admissions decisions.
The Michigan case is considered the most important affirmative action litigation since the Bakke case 25 years ago.
Such an approach to affirmative action clashes with Justice Lewis Powell's much more nuanced decision in the pivotal 1978 Bakke case.
In the Bakke case, the liberals--Justice Brennan, Justice Marshall, Justice White and Justice Blackmun--argued that racial preferences were needed as a temporary program to compensate for a horrendous legacy of discrimination.
This is the difference between "strict scrutiny," favored by Powell and the conservatives in Bakke, and mere "heightened scrutiny," favored by the liberals in the Bakke case.
Modern liberals celebrate the statement of Justice Harry Blackmun, in the infamous Bakke case on college admissions, that "in order to get beyond racism, we must first take account of race" - even though it is self-evidently moronic.