The following is a list of arguments from the University of California v. Bakke court case. Read through each argument and decide which side it supports. Write your answer in the space provided.
(UC) - the argument supports the University of California's side
(AB) - the argument supports Bakke's side
(B) - the argument supports both sides
(N) - the argument supports neither side
The Equal Protection Clause of the 14th Amendment of the
Constitution states: "No State shall . . . deny to any person within its
jurisdiction the equal protection of the laws."
The 14th Amendment does not allow a state to impose
distinctions based upon race. The belief that some forms of
discrimination based on race might be "benign" is irrelevant to the
demands of the Fourteenth Amendment.
The 14th Amendment states that people should be treated
equally; it does not state that people should be treated the same.
Treating people equally means giving them what they need.
"In order to get beyond racism, we must first take account of race.
There is no other way. And in order to treat some persons equally, we
must treat them differently. We cannot—we dare not—let the Equal
Protection Clause perpetuate racial supremacy."
The special admissions program at the University of California at
Davis medical school did not consider only those of minority races, but
(in 1973) also considered white students who had been educationally
and/or economically disadvantaged.
The 14th Amendment gives the right to equal protection to individuals, not groups.
"Benign" discrimination based on race is only valid where an
individual can point to specific acts of discrimination that have
disadvantaged that person.
Benefits provided to individuals because of alleged group discrimination are not valid under the 14th Amendment.
"It is unnecessary in twentieth-century America to have individual
Negroes demonstrate that they have been victims of racial
discrimination; the racism of our society has been so pervasive that
none, regardless of wealth or position, has managed to escape its
Some candidates admitted in the special admissions program at the
University of California at Davis had lower GPAs than those who were
rejected in the regular admissions program.
Though there were white applicants who asked to be considered
disadvantaged, none were actually admitted through the special
Three times as many Asians were admitted through the regular
admissions program as were admitted in the special admissions program.
Predict the Supreme Court's decision in Regents of the University of California v. Bakke. Write your prediction in paragraph form. Be sure to explain the facts supporting your prediction.