Regents of the Univ. of Cal v. Bakke 438 U.S. 265 (1978)
Introduction
In 1964, the U.S. Congress signed the Civil Rights Act of 1964 into law, ensuring “every American’s right to vote, to go to school, to get a job, and to be served in a public place without discrimination.” (Muhammed, 2002, p.6) Title VI of the Civil Rights Act of 1964 is titled, Nondiscrimination on Federally Assisted Programs, states that:
“No person in the United States shall, on the ground of race, color or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.”
Douglas & Lombardi (n.p., 2006) indicate that even private universities receive…show more content… Bakke was argued on October 12, 1977. The plaintiff Allan Bakke, was a white male, who applied to The Medical University of California at Davis (UC Davis) in 1973 and again in 1974. He was subsequently rejected both times by the defendant UC Davis. Mr. Bakke filed suit in the Superior Court of Yolo County, California, seeking to force UC Davis in admitting him into the medical school. Mr. Bakke filed under the protection of the “Equal Protection Clause of the Fourteenth Amendment and Title VI of the Civil Rights Act of 1964 because it (UC Davis’ admissions procedure) excluded him on the basis of race.” (Landmark Cases of the Supreme Court,…show more content… Supreme Court to review the case previously decided by the lower courts. UC Davis formally filed the paperwork petition for writ of certiorari in December 1976. The U.S. Supreme Court heard arguments in October of 1977 and announced their decision in June of 1978. The final decision was a 5-4 vote to reject the suspect program and let to Mr. Bakke’s admission into UC Davis. (Fenkleman & Urofsky, 2003) Justice Lewis F. Powell delivered the judgement for the court writing, “that while quotas based solely on race or ethnicity were unconstitutional, an admissions program may consider racial and ethnic diversity as a “plus” factor” (Anderson, 1999, p.3) Chief Justice Barger, along with Justices Stevens, Stewart, and Rehnquist agreed with Powell against the special admission program. Justice Powell further claimed that “Bakke and other whites were “totally foreclosed” from competing for the sixteen minority slots”, and also noted that “when a classification denies an individual opportunities or benefits enjoyed by others solely because of his race or ethnic background, it must be regarded as suspect.” (Finkleman & Urofsky, 2003) Justices Brennan, White, Marshall, and Blackmun disagreed with the judgement against the special admissions program, but did happen to agree with Powell regarding the constitutional permissibility of the use of race in a competitive admissions process. (Anchetta, 2003,
