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REGENTS OF THE UNIVERSITY OF
CALIFORNIA V. BAKKEDanielle Poindexter
Parties involved
• Regents of the University of California Medical School at Davis
• Allan Bakke • A 35 year old white male applicant to the medical school
Background
• Allan Bakke was rejected twice from the University of California Medical School in favor of minority students• once in 1973 and again in 1974
• UCA’s racial quota was used to remedy “longstanding, unfair minority exclusions from the medical profession.”
• 16 out of 100 spaces for entering students were held for these minorities, meaning that 100 spaces were available to minorities and only 84 were left open for Caucasians.
Background, continued
• The special applicants were not compared to the regular applicants; they were not even held to the same requirements
Point of law
• Title VI of the Civil Rights Act of 1964 • This “prohibits discrimination on the basis of race, color, and national origin in programs and activities receiving federal financial assistance.”
• The Equal Protection Clause (found in the 14th Amendment)• Denies the states or any federally funded program the ability to discriminate
The ProcessBakke took to a trial court and then to the state of California’s Supreme Court. The case was appealed again, and finally resolved in the Supreme Court of the United States.
Decision
• Argued: October 12, 1977
• Decided: June 26, 1978
•Majority decision written by Justice Lewis F. Powell Jr.
• “Any racial quota system supported by government violated the Civil Rights Act of 1964.”
• Race could be looked at as one of many admissions factors in order to increase educational diversity.
• The medical school was ordered to admit Bakke.
ReviewQuestion and official conclusion
Historical/political impact
• Affirmative Action is constitutional in that:• Race can be considered only as a plus• Must be looked at as one of many factors in the admissions
process• Used to increase diversity
• Quotas (a set number) are unconstitutional• Reverse discrimination by a federally funded program
Cartoons
Works Cited• Pictures:
http://images.slideplayer.us/1/272896/slides/slide_53.jpg
http://www.lib.berkeley.edu/doemoff/govinfo/federal/fdlpexhibit/images/ucseal.gif
http://home.mtholyoke.edu/~jesan20l/classweb/pictures/Bakke.jpg
http://0.static.wix.com/media/34e9436f4253d3e28a34b0894b709fc0.wix_mp_256
http://www.streetlaw.org/Images/w430/Photo/Photo/121
http://mrortlieb.weebly.com/uploads/8/9/7/6/8976286/706544.jpg
Works CitedCornell University Law School. Regents of the Uni v. of Cal. v. Bakke, 438 U.S. 265 (1978).
Accessed November 10, 2014. http://www.law.cornell.edu/supremecourt/text/438/265.
McBride, Alex. Regents of University of California v. Bakke (1978). Published December 2006. Accessed November 10, 2014. http://www.pbs.org/wnet/supremecourt/rights/landmark_regents.html.
The Leadership Conference on Civil and Human Rights/The Leadership Conference Education Fund. “U.S. Supreme Court.” Accessed November 10, 2014. http://www.civilrights.org/judiciary/courts/supreme.html.
The Oyez Project at IIT Chicago-Kent College of Law. "REGENTS OF THE UNIVERSITY OF CALIFORNIA v. BAKKE." Accessed November 10, 2014. http://www.oyez.org/cases/1970-1979/1977/1977_76_811/.
The U.S. Department of Justice. “TITLE VI OF THE CIVIL RIGHTS ACT OF 1964.” Last modified July 30, 2014. Accessed November 13, 2014. http://www.justice.gov/crt/about/cor/coord/titlevi.php.