Bu 301 part I and II.docx - Xin Zhang Prof Linda Part I and...

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Xin Zhang Prof. Linda Part I and II April 23, 2017 Affirmative action---Regents of University of California v. Bakke "Regents of University of California v. Bakke" was a landmark decision by the Supreme Court of the United States. The fact of the case is that Allan Bakke (plaintiff) was thirty-five years old when he had applied for admission to the University of California Medical School at Davis (defendant). He applied for the university twice, but he was rejected both times. The university offered sixteen places for minority students in one hundred admission quotas which is a part of the university's affirmative action program. Bakke had excellent scores and GPA that exceeded those of minority students. Nevertheless, his applications were rejected. Bakke sued the University of California in the California courts first, then in the Supreme Court. He was rejected to Davis because of his race. (Oyez) The issue is that did the University of California violate the Fourteenth Amendment's equal protection clause, and the Civil Rights Act of 1964, by practicing an affirmative action policy that resulted in the repeated rejection of Bakke's application for admission to its medical school?" (Oyez) Yes. At the end of the case, there are six separate opinions in the Supreme Court. None of them became the majority opinion. The final decision was a plurality opinion which presented by Justice Powell. The previous decision was affirmed by the Supreme Court which the special admissions program was illegal. But the race could be one factor that considered by schools in
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admissions application. Finally, University of California Medical School at Davis should accept Bakke. (Regents v. Bakke) Chief Justice Powell in a 5-4 plurality decision in Regents of the University of California v. Bakke. Justice Powell thought about the stare decisis of Equal Protection Clause and concluded that it protected everyone, but only for African Americans or minorities. The racial quotas system did discriminate against Bakke although the university had cited decisions where there had been race-conscious remedies. Powell found that the educational benefits of diversity were a good governmental interest. The use of race was a "plus factor" in admissions, and it could influence admission decisions when the university tried to achieve overall diversity.
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