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Bakke v. Regents of the University of California

Bakke v. Regents of the University of California

The University of California at Davis arranged a dual admissions program, one for regular admission students, and one for "disadvantaged" students, mainly those of a minority race. With the regular admission, a student must have above a 2.5 GPA and be screened with an interview. From there, the students would be given a benchmark score ranging from 1 to 100, with the rating concerning the previously mentioned qualifications, and the students score on the Medical College Admissions Test. Annually, there were 100 spots available in the school. 16 spots were set aside for the consideration of the "disadvantaged" students. To be consideration for one of the spots, a student would select "economically and/or educationally disadvantage." These applicants did not have to meet the 2.5 GPA, nor were they compared to those applying for regular admissions. From 1971 to 1974, students who were African American, Mexican American and Asian were all admitted to the college through the "disadvantaged" program. No disadvantaged white candidates received admission through the special program. Allan Bakke was a white male who applied for regular admission, and was rejected


" . . . Race or ethnic background may be deemed a "plus" in a particular applicant's file, yet it does not insulate the individual from comparison with all other candidates for the available seats." - Justice Powell, Speaking for the Court

two years in a row. During those same years, minority applicants with lower grade point averages, MCAT scores, and benchmark score were admitted to the college. After the second rejection, Bakke filed a suit with the Superior Court of Yolo County, alleging that the special admission program violated the Equal Protection Clause of the Fourteenth amendment and Title VI of the Civil Rights Act of 1964 because it excluded him on the basis of race (Summary).

The opinion of the "Brennan 4," Justices Brennan, Blackmun, Marshall and White, entailed that the need to remedy past discrimination was grounds enough to support the use of race in college admissions. Marshall, being the first African-American justice, thoroughly believed that he must support the greater interest of the black community of the United States, and equalize opportunity for them. They felt "strict scrutiny" need not apply to the use of race in an application. This decision was reached due to the opinion that the University of California did not v

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Approximate Word count = 854
Approximate Pages = 3 (250 words per page double spaced)


  

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