Case Name: Bakke v. California Board of Regents
Year: Argued 1977 ; Decided 1978
Result: 5-4 in favor of Bakke
Related Constitutional Issue/ Amendment: Civil Rights Act of 1964, 14th Amendment ("equal protection"), Affirmative Action
Civil Rights or Civil Liberties: Civil Rights
Significance/ Precedent: The Court held in a closely divided decision that race could be one of the factors considered in choosing a diverse student body in university admissions decisions. The Court also held, however, that the use of quotas in such affirmative action programs was not permissible
Quote from the Majority Opinion: There was no single majority opinion. Four of the justices contended that any racial quota system supported by government violated the Civil Rights Act of 1964. Justice Powell, agreed, casting the deciding vote ordering the medical school to admit Bakke. However, in his opinion, Powell argued that the rigid use of racial quotas as employed at the school violated the equal protection clause of the Fourteenth Amendment. The remaining four justices held that the use of race as a criterion in admissions decisions in higher education was constitutionally permissible. Powell joined that opinion as well, contending that the use of race was permissible as one of several admission criteria.
Those places were denied to white applicants based only on their race. The
university's policy was struck down and the university was ordered to admit
Bakke."
decide admission. Therefore, race may be considered but it may not be the only
factor considered."
6-Word Summary: Race can be used, quotas can't
Year: Argued 1977 ; Decided 1978
Result: 5-4 in favor of Bakke
Related Constitutional Issue/ Amendment: Civil Rights Act of 1964, 14th Amendment ("equal protection"), Affirmative Action
Civil Rights or Civil Liberties: Civil Rights
Significance/ Precedent: The Court held in a closely divided decision that race could be one of the factors considered in choosing a diverse student body in university admissions decisions. The Court also held, however, that the use of quotas in such affirmative action programs was not permissible
Quote from the Majority Opinion: There was no single majority opinion. Four of the justices contended that any racial quota system supported by government violated the Civil Rights Act of 1964. Justice Powell, agreed, casting the deciding vote ordering the medical school to admit Bakke. However, in his opinion, Powell argued that the rigid use of racial quotas as employed at the school violated the equal protection clause of the Fourteenth Amendment. The remaining four justices held that the use of race as a criterion in admissions decisions in higher education was constitutionally permissible. Powell joined that opinion as well, contending that the use of race was permissible as one of several admission criteria.
- "The special admissions program with a fixed quota or number of places
Those places were denied to white applicants based only on their race. The
university's policy was struck down and the university was ordered to admit
Bakke."
- "Admissions programs do not violate the Equal Protection Clause of the
decide admission. Therefore, race may be considered but it may not be the only
factor considered."
6-Word Summary: Race can be used, quotas can't