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.