Tuesday, October 15, 2013

Bakke v. California Board of Regents

Case Name: Regents of the University of California v. Bakke

Year: 1978

Result: 5-4, favor Bakke

Related Constitutional Issue/Amendment: 14th Amendment, Equal Protection

Civil Rights or Civil Liberties: Civil Rights

Significance/Precedent: The medical school in the University of California had to admit Bakke, but this was not a requirement for the majority of schools. Schools could still use race as a factor in admission, regardless of which student had better grades or credentials, but fixed racial quotas were not constitutional. The case was not taken very broadly and the Court was split. Bakke was allowed in but affirmative action was still upheld as constitutional.

Quote from Majority:
Majority 1 quote: "The special admissions program with a fixed quota or number of place avaliable only to minorities violated Title VI of the Civil Rights Act of 1964."
Majority 2 quote: "Admissions programs do not violate the Equal Protection Clause of the Fourteenth Amendment if they consider race as one of several factors used to decide admission. Therefore, race may be considered but it may not be the only factor considered."

Summary of Dissent: No dissent, only split ruling.

Six-word Summary: Affirmative action but not racial quotas

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