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

  1. 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."

  2. 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.

  3. 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.

  4. "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."

  5. 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.

  6. The 14th Amendment gives the right to equal protection to individuals, not groups.

  7. "Benign" discrimination based on race is only valid where an individual can point to specific acts of discrimination that have disadvantaged that person.

  8. Benefits provided to individuals because of alleged group discrimination are not valid under the 14th Amendment.

  9. "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 impact."

  10. 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.

  11. Though there were white applicants who asked to be considered disadvantaged, none were actually admitted through the special admissions program.

  12. 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.