Regents v. Bakke: The legacy of Justice Powell's opinion

📚 The Bakke Case: A Definition

Regents of the University of California v. Bakke (1978) was a landmark decision by the Supreme Court of the United States that addressed the constitutionality of affirmative action programs in higher education. Allan Bakke, a white male, sued the University of California, arguing that he was denied admission to medical school because the university's affirmative action policy gave preference to minority applicants.

📜 Historical Background

• 🏛️ Pre-Bakke Era: Prior to the Bakke case, affirmative action policies aimed to remedy past and present discrimination against minority groups. These policies often involved quotas or set-asides to ensure a certain number of minority students were admitted.
• 📈 The University of California's Program: The University of California, Davis Medical School had a dual admissions system. Sixteen of the 100 seats were reserved for disadvantaged students, including racial minorities.
• ⚖️ Bakke's Challenge: Allan Bakke, who had higher test scores and grades than some admitted minority students, argued that this system violated the Equal Protection Clause of the Fourteenth Amendment.

🔑 Key Principles of Justice Powell's Opinion

Justice Lewis Powell wrote the controlling opinion in the Bakke case, which became the precedent for future affirmative action cases. His opinion was pivotal in striking down the use of quotas while upholding the consideration of race as one factor among many in admissions decisions.

• 🎯 Rejection of Quotas: Powell argued that the university's quota system was unconstitutional because it excluded Bakke from competing for all 100 seats based solely on his race. This violated the Equal Protection Clause.
• 🧩 Acceptance of Diversity as a Compelling Interest: Powell asserted that while quotas were illegal, achieving a diverse student body was a compelling state interest. He believed that a diverse student body enriches the educational experience and prepares students for a diverse society.
• 💡 The Harvard Plan as a Model: Powell cited Harvard University's admissions program as a model. In this plan, race could be considered as one factor in a holistic review of each applicant, alongside other factors such as background, experiences, and talents.

🌍 Real-world Examples and Impact

• 🏫 University Admissions: Following Bakke, universities across the country modified their affirmative action policies to comply with Powell's opinion. They eliminated quotas but continued to consider race as one factor in admissions.
• 💼 Employment: The principles of Bakke also influenced affirmative action policies in employment. Employers could not use quotas but could consider race as one factor to promote diversity in the workplace.
• 🏛️ Later Supreme Court Cases: The Bakke decision set the stage for subsequent Supreme Court cases on affirmative action, such as Grutter v. Bollinger (2003) and Gratz v. Bollinger (2003), which further refined the permissible uses of race in admissions.

⚖️ Conclusion

Regents v. Bakke remains a crucial case in the history of affirmative action. Justice Powell's opinion struck a balance between the goals of remedying past discrimination and ensuring equal opportunity. While quotas were deemed unconstitutional, the pursuit of diversity in education was recognized as a compelling state interest, shaping the landscape of affirmative action policies for decades to come.