Regents Of University Of California Vs. Bakke (1978)

Background Information

In the 1970s, the medical school of University of California at Davis had a regular admissions program as well as a special admissions program for applicants who categorized themselves to be in a minority group or was "economically and/or educationally disadvantaged." In the regular admissions program, candidates were required to have a grade point average of above 2.5 to be considered. Some of the qualified were picked for an interview. After the interview, the admissions committee rated each candidate a benchmark score. The benchmark score took in consideration the interview's evaluation, the candidate's grade point average in science courses as well as all courses taken, scores on the Medical College Admission Test, recommendation letters and extracurricular activities. In the special admissions program, candidates were not required to have a grade point average of above 2.5. The committee did screen each candidate to ensure that they meet the criteria to be in this program. These applicants were not compared to the applicants in the regular program. Sixteen of the one hundred seats in the medical school were reserved for the applicants in the special admissions program. Under the special admissions program, 63 minority students were admitted from 1971 to 1974. During this time, 44 minority students were admitted to the medical school in the regular admissions program.

Court Case

A white male candidate named Allan Bakke applied in 1973 and 1974 and was rejected from the regular admissions program. Because other candidates with lowers scores were admitted under the special admissions program, Bakke filed suit in the Superior Court of Yolo County, California. Bakke sought for admittance to the medical school at University of California at Davis and claimed that the special admissions program violated the Equal Protection Clause of the Fourteenth Amendment and the Title VI of the Civil Rights Act of 1964 because he was excluded from the program on the basis of his race. The Fourteenth Amend states that the law guarantees equal protection to everyone. In this case, the special admissions program does not provide equal opportunity to the disadvantaged white majority. Also this type of preferential program reinforces the stereotype that certain minority groups are unable to achieve success without special protection.

Superior Court of Yolo found the special admissions program did violate the constitution and declared that race should not be considered for admissions to the university. This court also decided that Bakke should not be admitted to the medical school because he did not prove that he would have been admitted if there wasn't a special admissions program. The University of California appealed to the Supreme Court of California and they, too, ruled the special admissions program policy to be in violation of the constitution. In addition, the Supreme Court of California ruled that Bakke should be admitted to the medical school because the university could not prove that Bakke would not have been accepted if there wasn't a special admission program.

Once again, the regents of University of California appealed the case to the U.S. Supreme Court. Justice Powell delivered the final decision that the special admissions program policy regarding race is unconstitutional and therefore against the law. This program was giving preference to members of any one group on the basis of race or ethnic origin is determined to be discriminating. This is forbidden