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Regents of the University of California v. Bakke

Regents of the University of California v. Bakke
Seal of the United States Supreme Court.svg
Argued October 12, 1977
Decided June 28, 1978
Full case name Regents of the University of California v. Allan Bakke
Citations 438 U.S. 265 (more)
98 S. Ct. 2733; 57 L. Ed. 2d 750; 1978 U.S. LEXIS 5; 17 Fair Empl. Prac. Cas. (BNA) 1000; 17 Empl. Prac. Dec. (CCH) P8402
Prior history Certiorari to the Supreme Court of California. Bakke v. Regents of the University of California, 18 Cal. 3d 34, 132 Cal. Rptr. 680, 553 P.2d 1152, 1976 Cal. LEXIS 336 (1976)
Holding
Bakke was ordered admitted to UC Davis Medical School, and the school's practice of reserving 16 seats for minority students was struck down. Judgment of the Supreme Court of California reversed insofar as it forbade the university from taking race into account in admissions.
Court membership
Case opinions
Majority Powell (Parts I and V-C), joined by Brennan, White, Marshall, and Blackmun. Burger, Stewart, Rehnquist, and Stevens joined in the part of the judgment finding UC Davis's affirmative action program unconstitutional and ordering Bakke admitted.
Plurality Powell (Part III-A), joined by White
Concur/dissent Brennan, White, Marshall, Blackmun
Concur/dissent White
Concur/dissent Marshall
Concur/dissent Blackmun
Concur/dissent Stevens, joined by Burger, Stewart, Rehnquist
Laws applied

U.S. Const. amend. XIV

Title VI of the Civil Rights Act of 1964

U.S. Const. amend. XIV

Regents of the University of California v. Bakke, (/ˈbɑːk/) 438 U.S. 265 (1978) was a landmark decision by the Supreme Court of the United States. It upheld affirmative action, allowing race to be one of several factors in college admission policy. However, the court ruled that specific racial quotas, such as the 16 out of 100 seats set aside for minority students by the University of California, Davis School of Medicine, were impermissible.

Although the Supreme Court had outlawed segregation in schools, and had even ordered school districts to take steps to assure integration, the question of the legality of voluntary affirmative action programs initiated by universities was unresolved. Proponents deemed such programs necessary to make up for past discrimination, while opponents believed they were illegal and a violation of the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution. An earlier case that the Supreme Court had taken in an attempt to address the issue, DeFunis v. Odegaard (1974), was dismissed on procedural grounds.


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