What was the Supreme Court ruling?
The Supreme Court ruled announced their ruling on June 28, 1978 but there was not a majority opinion. Four major justices, Rehnquist, Stewart, Burger, and Stevens, voted against the minority admission program for all school because it violated the Civil Rights Act of 1964. The other four justices, Marshall, Brennan, White, and Blackmun, voted that the affirmative action is acceptable within certain areas. However, the plurality opinion was given by Justice Powell. This gave the ruling a 5-4 in favor of Allan Bakke. Powell gave his opinion that the using racial quotas as the deciding factor of one’s admission was violating the Equal Protection Clause of the Fourteenth Amendment. However, affirmative action is permissible by Universities but only if used alongside with other factors. This meant that Universities had to discontinue their quota system for minorities and that UC Davis violated the equal protection clause of the 14th Amendment. Under these circumstances Allan Bakke was allowed to attend UC Davis.
The main arguments
UC Davis appealed and filed a petition for writ of certiorari in December 1976 because Superior Court of California ruled that UC Davis needed to shut down their minority program due to equal rights for every race. In order for the Supreme Court to
…show more content…
The Regents of the University of California v. Bakke case was based around race and how it violated the Fourteenth Amendment. This is a landmark case because it did not only show that minorities are protected by the Fourteenth Amendment but majorities as well. The ruling on this case also allowed institutions to use affirmative action in favor with other factors to a person’s advantage. Any government funded institution can use affirmative action such as employment or admission to a
In the Regents of the University of California v. Bakke (1978) case, Allan Bakke, a white applicant, tried applying to medical school twice and was denied, even though his GPA, and test scores were better than others who were recently admitted. According to the court, they believed that “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”. Because of this, the shut down the system that discriminated against other races. In the Grutter case, Justice Sandra Day O’Connor said that “Equal Protection Clause does not prohibit the Law School's narrowly tailored use of race in admissions decisions to further a compelling interest in obtaining the educational
During 1978, Alan Bakke was denied acceptance into the Medical School at the University of California. Bakke had a higher grade point average and higher test scores than other students who got accepted. Under the circumstances, Bakke stated he was denied acceptance because of his race. Not only did Bakke get denied because of his race, was a white male. Immediately he noticed and took the case to court. The Fourteenth Amendment of the US Constitution stated Bakkes rights being the Equal Protection Clause. (Bakke v. University of California)
The case of Schuette v. Coalition to Defend Affirmative Action was presented before the Supreme Court of the United States; the case questioned that whether a state violated the Equal Protection Clause of 14th Amendment by maintaining a ban on the racial and sex preferences on the admissions in the public universities in the constitution of the state (Bernstein). The arguments on these cases started on 15th October, 2013 on an appeal for the Sixth Circuit from the United States Court of Appeal, which had established the rule in 2012 regarding Michigan ban, which was approved by the voters of the state in the year 2006. The Sixth Circuit emphasized that the Michigan ban was unconstitutional. But, the ban on the state was upheld, the Sixth
The Supreme Courts ruling does not align with the U.S. political culture and equality as our founding fathers intended. Equality means that people have the same opportunity to compete and achieve in this country regardless of race, gender, or religion. The students that work hard and have the higher grades and test scores should be the ones who get admitted to the university and race should not be a factor. In order to promote racial equality, race shouldn’t be considered and everyone should be given the same opportunity to work hard and study to achieve a spot a top
The next step was onto The Supreme Court of California. They said the same exact thing that the Superior Court of Yolo County said, however they said that Bakke should be admitted into the medical program because the University, not Bakke, failed to show that he would not be admitted without the specialty program. Regents of the University of California appealed this because both courts did not agree with the points that they made.
minority applicants was constitutional. Bakke sued the University of California for violating the Civil Right Act of 1964. The Supreme Court of California agreed and ruled that Bakke being excluded out of 16 out of 100 spots simply because of race was discrimination(Mcbride,2005). Although the Affirmative Action was utilized to protect African Americas who have been historical discriminated against more than Caucasians because of the racial quota system that fact is irrelevant to the case (Mcbride,2005).
In 1994, a new case, Hopwood v. The University of Texas, was ruled on by the circuit court and interpreted in such a manner as to effectively end affirmative action in higher education for the states of Texas and Louisiana. The plaintiffs for the case were four applicants to the law school of The University of Texas, each of whom were denied admission while minority applicants with lower
In the University of California, specifically the Medical School at Davis, the admission of students were separated into two separate categories: the regular admission students and the special admission students. The difference between the two different admissions is that while the regular was based on academic success, the special admissions was for minority groups and a method of affirmative action. A white man, Allan Bakke, was rejected into the school despite having higher scores than those accepted under the special admissions category causing him to sue in a state court where he claimed that his Fourteenth Amendment rights were being violated as well as the Civil Rights Act of 1964. The Court agreed with Bakke and ordered that the University
The Supreme Court justices had a discussion in the video about the use of foreign law in helping determine the outcome of judiciary cases. Justice Scalia spoke about with almost distain because he doesn’t think that foreign law should have any effect on what the Supreme Court decides is right or wrong for the American people. He thinks that the American people should have a say, but saw no point to looking at other countries for judiciary backing. Justice Stevens, however seemed to think that it serves the interest of the courts to look to foreign law for comparative purposes and so we can adapt to modern times. These two perspectives on foreign law seemed to come from a bigger disagreement between originalist and nonorginalist views. Justices
People generally agree that diversity is beneficial to college campuses. In 1978, in Regents of the University of California v. Bakke, the Supreme Court decided that race could be used as a factor in deciding college admissions - setting a precedent for the use of affirmative action (Lane A1). Justice Lewis Powell, who belonged to the majority opinion, cited diversity as the primary reason behind his decision. He acknowledged that there are "educational benefits that flow from an ethnically diverse student body" and that "few students...would choose to study in an academic vacuum, removed from the interplay of ideas and the exchange of views" (qtd. in Drehle A11).
Roosevelt issued Executive Order 8802, obligating defense contractors “not to discriminate against any worker because of race, creed, color, or national origin” but the term Affirmative action was not used until the Kennedy administration in the year 1961, only a few short years before the implementation of Johnson’s EO 11246. Along the way Affirmative Action was the center of much national attention as it was often seen as harboring and fueling white resentment from ethnic minorities causing reverse discrimination. In the year 1978, the resentment of whites caught wave in a Supreme Court case Regents of the University of California v. Bakke. The case stated that Affirmative Action created a reverse discrimination thus disparaging white youth from the same level of opportunity in the college application process. As a result, the Supreme Court upheld affirmative action, allowing race to be one of several factors in college admission policy. Although according to Parrillo, since a more conservative court has taken less of a leading role in legislating away discrimination, Affirmative Action has endured a multitude of lawsuits to
In 1997, Barbara Grutter, a white applicant, accused the University of Michigan law school for illegitimately utilizing race as a factor in the school’s admission process after being denied acceptance into the law school. The Supreme court ruled that the University of Michigan conducted a “highly individualized review,” and thus the use of “racial preferences ”was not unconstitutional. Supreme Court Justice, Sandra O'Connor, affirmed the decision of the “Grutter V Bollinger: Majority Opinion” court case by stating the law school had ensured “that all factors that may contribute to student body diversity are meaningfully considered alongside race in admissions decisions”, being essential to the law school’s mission of shaping a heterogeneous
Affirmative action is necessary in the college admission process for several reasons. Over the past several years this issue has become more prevalent. Often times the people who oppose affirmative action do so based on misconceptions. Whites generally believe that African Americans are as well off as whites when it comes to jobs, incomes, and education among other things (Americans for a Fair Chance). There have been many issues brought to light by several court cases. Some popular cases that have been made popular are the Fisher vs. University of Texas and the Grutter vs. Bollinger case. These cases involved controversy over discrimination and reverse discrimination in the college admissions process. In the 2003 Grutter vs. Bollinger case, the United States’ Supreme Court stated that, “student body diversity is a compelling interest in affirmative action programs at colleges and universities, given that
The California Supreme Court settled, that the quota system discriminated against racial parties. The Court determined that no applicant could be refused because of his race, in favor of another person who is less qualified. Four of the justices argued that any racial quota routine encouraged by government dishonored the Civil Rights Act of 1964. Justice Lewis F. Powell, Jr., instructed the medical school to permit Bakke to go to their school. During this case, white hostility was reduced with the goal of expanding advances for racial minorities through positive action. It is ok to constitutionally consider race as an element for entrances if to further educational diversity. But only if pondered alongside additional factors. Nevertheless,
The University of Michigan was sued by three students, Jennifer Gratz, Patrick Hammacher and Barbara Grutter. These three students claimed reverse discrimination by the university. The case ended up in the Supreme Court where a vote of 6-2 in favor of banning affirmative action. A reaction from the students attending the University of Michigan exploded, expressing concern for future students whom their background and ethnicity is African American and Hispanic. Affirmative Action was used to increase diversity in the schools. One of their concerns was that the banning of Affirmative Action on the university, it would decrease the opportunity to have a diverse campus as test scores do not accurately measure a student’s capability but are used