Monday, 6 December 2021

EOTO Bakke VS Board of Regents

To begin, In the Regents of University of California V Bakke the court had ruled that the Court ruled unconstitutional. As proven by a  university's use of racial "quotas" in its admissions process, but held that affirmative action programs could be constitutional in some circumstances. This started to occur in the year of 1978. When found out about the schools use of racial “quotas” there ended up being a use of the affirmative actions and accepted more minority applicants in some circumstances. This case also had to involve the practices at the Medical school of the University of California at Davis as well. The medical school had sixteen out of a hundred students that were either African American, Asian, or American Indians. 


Allan Bakke, who was a white applicant, was denied by this medical school twice. His MCAT scores , GPA , and benchmark scores were higher than some of the other people who had applied and gotten into the school. Bakke ended up suing the University of California in the state court when not agreeing with their admission policy.  He thought it did violate the Civil Rights Act of 1964 Clause. Bakke ended up feeling very down and discouraged after finding out this news. He thought that he was able to be a part of this medical school due to all of his hard work and high test grades, when really he didn't even get in when having some of the highest scores. 


 The California Supreme Court ended up agreeing that the quota system had discriminated against some racial groups. Their court had stated "no applicant may be rejected because of his race, in favor of another who is less qualified, as measured by standards applied without regard to race."  The medical school then  ordered to shut down their quota system as they appealed to the Supreme court during the Case of 1978. 


The Supreme Court then had Justice Lewis Franklin Powell write something that ruled that the state may constitutionally consider race as a factor in its universities admission to promote education diversity, but that was all. California's use of racial quotas did not meet these requirements and went against the constitution's equal protection Clause.  As previously mentioned the medical school racially discriminated against whites because it excluded them from its sixteen to a hundred spots by the virtue of race. 


Bakke Vs the Board of Regents established a means of reconciling well intentioned quotas as well as an affirmative action program with the constitutional protection of equality. Some racial quotas  are always unconstitutional. Although, affirmative action programs may be constitutional if race is considered as one of many admission factors and used to past findings of discrimination and to promote diversity. In the 30 years since this ruling, public and private universities have crafted affirmative action programs consistent with Bakke's requirements. These affirmative action programs still affect many people today as they teach us so many new things. All in all, Bakke VS Board of Regents has taught us a lot about different affirmative action programs and different ways to protect equality.




No comments:

Post a Comment

What I learned EOTO #4

  Overall I learned a lot during this last EOTO Mock Trial. One thing that mainly stuck out to me that I learned was all the different telev...