Tep POLI330N Week 6 Outline
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Political Science
Date
Dec 6, 2023
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Uploaded by BrigadierWaterJellyfish73
University of California Regents v. Bakke
Dara Tep
Chamberlain University
POLI330N Political Science
Instructor: Alfonso Casal
October 14, 2023
University of California Regents v. Bakke, 438 U.S. 265 (1978)
Facts of the case: Provide key facts involving the case.
Argued on October 12, 1977
Allan Bakke, a 35-year-old white man, was denied admission twice into the University of
California Davis Medical School, even though he met or exceeded admission
requirements
University of California adopted an affirmative action program to address unfair minority
exclusions
16 spots were reserved for minority applicants
Bakke sued the University on the basis that the denials were solely due to his race
Decided June 26, 1978
History of the case: What legal action was taken based on what your state laws say about
this case?
The court found that the University of California’s use of racial quotas in the affirmative action
program was unconstitutional. After this landmark decision, UC Davis was ordered to admit
Bakke into the school.
Legal questions: What were the legal issues the court had to decide?
The legal question in this case was whether UC Davis's affirmative action program violated the
Equal Protection Clause of the 14
th
Amendment. The 14
th
Amendment provided that all born or
naturalized citizens of the United States have equal protection of the law (Greenberg & Page,
2018).
Decision or holdings: Did the court decide for the plaintiff or the defendant? Explain the
reason behind the decision?
The court sided with Bakke (plaintiff) in that the University’s affirmative action program was
unconstitutional. A majority believed that the use of rigid racial quotas was not a permissible
action.
Verdict and opinion (judgement): What were the concurring and dissenting opinions? How
many judges decided for the defendant and how many justices decided against the
defendant? What was the final verdict from the judge or the jury, if it was a jury trial?
The decision 5-4 that the Equal Protection clause prohibits the University from using their
specific race-based admissions. Justice Lewis F. Powell Jr. argued that even though racial
diversity in schools is important, using rigid racial quotas goes against the Constitution.
What was the resulting impact of the ruling? How did the citizens of your state benefit
from it? Was this a good decision?
The resulting impact of this ruling caused a difference of opinion in the public eye. Some thought
this was a great decision and would provide equal opportunity, while others believed this would
limit opportunity for minorities. Some citizens benefited by feeling like they now have a fair
chance at university admissions in an already rigorous admissions process. The decision to say
that race-based admission quotas are unconstitutional is a good decision because admission
should be based on educational merit and not based on a person’s race.
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References
Greenberg, E. S., & Page, B. I. (2018).
The Struggle for Democracy, 2018 Elections and
Updates
Edition
(12th ed.). Pearson Education
(US).
https://ambassadored.vitalsource.com/books/9780135246849
Regents of the University of California v. Bakke. (n.d.).
Oyez
. Retrieved October 14, 2023, from
https://www.oyez.org/cases/1979/76-811
UNIVERSITY OF CALIFORNIA REGENTS v. BAKKE, 438 U.S. 265 (1978)
https://caselaw.findlaw.com/court/us-supreme-court/438/265.html
University of California Regents v. Bakke (1978). (2010). In
Student’s Guide to the Supreme
Court
(pp. 254–255).