| Background
Summary and Questions
•
•
•
In the early 1970s, the medical school of the University
of California at Davis devised a dual admissions program
to increase representation of "disadvantaged"
students. Under the regular admissions procedure, a
screening process was used to evaluate candidates for
further consideration. Candidates whose overall undergraduate
grade point averages fell below 2.5 on a scale of 4.0
were automatically rejected. Of the remaining candidates,
some were selected for interviews. Following an interview,
the admissions committee rated candidates who survived
the screening process on a scale of 1 to 100. The rating
considered the interviewer's evaluation, the candidate's
overall and science grade point averages, scores on
the Medical College Admissions Test (MCAT), letters
of recommendation, extracurricular activities, and other
biographical data. The ratings were added together to
arrive at each candidate's "benchmark score."
On
the application form, candidates could indicate that
they were members of a "minority group," which
the medical school designated as "Blacks,"
"Chicanos," "American Indians,"
or "Asians." Candidates could also choose
to be considered "economically and/or educationally
disadvantaged." The applications of those who did
so were sent to the special admissions committee, where
applications were screened to determine whether the
candidate met the criteria established for disadvantaged
and minority groups. These applicants did not have to
meet the 2.5 grade point average cut off used in the
regular program, nor were the candidates in the special
admissions program compared to the candidates in the
regular admissions program. Of the 100 spots in the
medical school, 16 spaces were set aside for this program.
From
1971 to 1974 the special program resulted in the admission
of 21 black students, 30 Mexican Americans, and 12 Asians,
for a total of 63 minority students.* During the same
period, the regular admissions program admitted 1 black
student, 6 Mexican Americans, and 37 Asians, for a total
of 44 minority students. No disadvantaged white candidates
received admission through the special program.
Allan
Bakke was a white male who applied to and was rejected
from the regular admissions program in 1973 and 1974.
During those same years, minority applicants with lower
grade point averages, MCAT scores, and benchmark scores
were admitted to the medical school under the special
program.
After
his second rejection, Bakke filed suit in the Superior
Court of Yolo County, California. He sought to compel
the University of California at Davis to admit him to
the medical school. He also alleged that the special
admissions program violated the Equal Protection Clause
of the Fourteenth Amendment and Title VI of the Civil
Rights Act of 1964 because it excluded him on the basis
of race.
The
Superior Court of Yolo County, California found that
the special admissions program did violate the federal
and state constitutions, as well as Title VI, and was
therefore illegal. The Court declared that race could
not be taken into account when making admissions decisions.
However the Court also ruled that Bakke should not be
admitted to the medical school because he failed to
show that he would have been admitted in the absence
of the special admissions program.
The
University of California appealed the case to the Supreme
Court of California, which also declared the special
admissions policy unconstitutional. Furthermore, the
Supreme Court of California determined that Bakke should
be admitted to the school because the University failed
to demonstrate that Bakke would not have been admitted
without the special admissions program.
The
Regents of the University of California then appealed
the case to the Supreme Court of the United States.
*Note:
These were the racial classifications used by the University
of California at Davis at the time.
Questions to
Consider:
- Why
might a college or university want to consider race
as a factor in the admissions process? Do you think
it is appropriate for a college or university to do
so? Why or why not?
-
On what point did both the California Superior and
California Supreme Courts agree in their Bakke rulings?
-
Do you agree with the lower courts' decisions? Why
or why not?
|
Online
legal resources at your fingertips. 
Search
the web for reviews and law journals.