Uc Regents vs Bakke Case Brief Essay

Category: Case brief, Justice

Last Updated: 10 Jan 2022

Pages: 2 Views: 522

Allan Bakke. a thirty-five-year-old white adult male. had twice applied for admittance to the University of California Medical School at Davis. He was rejected both times. The school reserved 16 topographic points in each come ining category of one 100 for “qualified” minorities. as portion of the university’s affirmatory action plan. in an attempt to right longstanding. unjust minority exclusions from the medical profession. Bakke’s makings ( college GPA and trial tonss ) exceeded those of any of the minority pupils admitted in the two old ages Bakke’s applications were rejected. Bakke contended. foremost in the California tribunals. so in the Supreme Court. that he was excluded from admittance entirely on the footing of race. Issue: Did the University of California violate the Fourteenth Amendment’s equal protection clause. and the Civil Rights Act of 1964. by practising an affirmatory action policy that resulted in the perennial rejection of Bakke’s application for admittance to its medical school?

Opinion: The particular admittances plan is unconstitutional. but race may be considered as a factor in the admittances procedure. Justice Lewis Powell ( J. Powell ) . composing for the tribunal. says that the Supreme Court of the United States ( Supreme Court ) should non pay attending to past favoritism in reexamining the policies of the University. as this is tantamount to leting political tendencies to order constitutional rules. J. Powell determines that accepting a minimal figure of minorities merely to cut down the traditional shortage of such persons in the medical profession is unconstitutional. as it gives penchant to an person on the footing of race entirely.

The major finding of the Supreme Court is whether or non racial penchant may be used to advance diverseness of the pupil organic structure. J. Powell argues that puting aside a specified figure of minority slots is non congruous to the purported end – minority pupils in themselves do non vouch a diverseness of point of views in the educational environment. Significance: Although race may be a factor in finding admittance to public educational establishments. it may non be a exclusive determining factor.

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