Bakke v State

Summary:

Bakke decision, formally Regents of the University of California v. Bakke, ruling in which, on June 28, 1978, the U.S. Supreme Court declared affirmative action constitutional but invalidated the use of racial quotas. The medical school at the University of California, Davis, as part of the university’s affirmative action program, had reserved 16 percent of its admission places for minority applicants. Allan Bakke, a white California man who had twice unsuccessfully applied for admission to the medical school, filed suit against the university.

Board of regents defending Quota policy:

affirmative action-

16/100 for anyone not white

Bakke thinks his race is secluded

14th:

Bakke argued that the program violated the equal protection clause of the Fourteenth Amendment as well as Title VI of the 1964 Civil Rights Act that stated that no person "shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance."

According to the 1970 census, only 2.1 percent of US doctors were black. Affirmative action programs aim to provide more black doctors to serve black patients. This is not because it is desirable that blacks treat blacks and whites treat whites, but because blacks, for no fault of their own, are now unlikely to be well served by whites, and because a failure to provide the doctors they trust will exacerbate rather than reduce the resentment that now leads them to trust only their own.

Religious side: 1st Corinthians 12:15-19: If the foot should say, “Because I am not a hand, I do not belong to the body,” that would not make it any less a part of the body. And if the ear should say, “Because I am not an eye, I do not belong to the body,” that would not make it any less a part of the body. If the whole body were an eye, where would be the sense of hearing? If the whole body were an ear, where would be the sense of smell? But as it is, God arranged the members in the body, each one of them, as he chose. If all were a single member, where would the body be?Colleges are a place of free thought and free views and by only allowing people of a certain race or economic status it is impossible to get a diverse view

Bakke Side:

Twice denied admittance, even though higher than minority applicants recently admitted.

Affirmative action and why its bad for society: students let in because of race not prepared, therefore discriminating against white people, saying to minorities "you cannot do it by yourself so we will just let you in." Use of racial quotas is not beneficial in the push for equality. The quota system is artificial. Race is something you are born into and the school is trying to artificially allow minorities in. It is wrong to prefer one group over another.