Both parties appeal from the ensuing judgment -- Bakke from the portion of the judgment denying him admission, and the University from the determination that the special admission program is invalid and that Bakke is entitled to have his application considered without regard to his race or the race of any other applicant. Dowdy ; 1619 remarks of Rep. To hold that there must be finding of actual constitutional violations as a prerequisite to race-conscious remedial actions would discourage voluntary compliance. Eligibility for grants under this program is limited to 1 four-year colleges, universities, and health professional schools with over 50% minority enrollments; 2 four-year institutions with significant but not necessarily over 50% minority enrollment provided they have a history of encouragement and assistance to minorities; 3 two-year colleges with 50% minority enrollment; and 4 American Indian Tribal Councils. California, , 663 1948 Murphy, J. In implementing the special admission program at issue here, the medical school determined that in light of the contemporary needs of the medical profession and of society generally, the attainment of a racially integrated, diverse medical school student body, made up of qualified students of all races, is more important than the perpetuation of a segregated medical school composed of students with the highest objective academic credentials. And it is clear from our cases that specific proof that a person has been victimized by discrimination is not a necessary predicate to offering him relief where the probability of victimization is great.
That is not to say that all such restrictions are unconstitutional. Therefore, the roll of affirmative action in admission to higher education programs went unchanged. During the dormancy of the Equal Protection Clause, the United States had become a Nation of minorities. Affirmative action is any policy or program that gives advantages to minority groups in an attempt to correct a continual history of inequality that minority groups historically face. Indeed, the University did not challenge the finding that applicants who were not members of a minority group were excluded from consideration in the special admissions process. Charlotte-Mecklenburg Board of Education, , 1971 ; McDaniel v.
Those for whom racial equality was demanded are to be more equal than others. He then explained that legislation was needed to authorize the termination of funding by the Executive Branch because existing legislation seemed to contemplate the expenditure of funds to support racially segregated institutions. An applicant of whatever race who has demonstrated his concern for disadvantaged minorities in the past and who declares that practice in such a community is his primary professional goal would be more likely to contribute to alleviation of the medical shortage than one who is chosen entirely on the basis of race and disadvantage. That procedure requires that an employer must ensure that a test score of, for example, 50 for a minority job applicant means the same thing as a score of 50 for a nonminority applicant. Schenck, however, argued that his conviction, punishment, and even the law itself violated his right to free speech, and so the Supreme Court agreed to hear his appeal. White disadvantaged students were never considered under the special program, and the University acknowledges that its goal in devising the program was to increase minority enrollment. United States and the Regents of the University of California v.
That shift may prove consequential as the use of race-conscious admissions at Harvard University goes on trial starting Monday. Because this principle is so deeply rooted, it might be supposed that it would be considered in the legislative process and weighed against the benefits of programs preferring individuals because of their race. Allan Bakke was a white male who applied to and was rejected from the regular admissions program, while minority applicants with lower grade point averages and testing scores were admitted under the specialty admissions program. No such rule, regulation, or order shall become effective unless and until approved by the President. There are sound reasons for the judiciary to take a somewhat cautious approach in reviewing ostensibly benign racial classifications.
If the efforts required of the applicant or recipient under § 80. The racial classifications embodied in the special admission program relate directly, and in a reasonable fashion, to the compelling state interest in promoting integration and are thus constitutional. The rights established are personal rights. The state has a legitimate interest in eliminating and correcting for discrimination. And our society and jurisprudence have always stressed the value of voluntary efforts to further the objectives of the law. Each of the cases cited presented a situation materially different from the facts of this case. Barresi, 1971 ; Green v.
Third, there is a measure of inequity in forcing innocent persons in respondent's position to bear the burdens of redressing grievances not of their making. . Classwide questions as to the group suffering previous injury and groups which fairly can be burdened are relatively manageable for reviewing courts. Until at least 1973, the practice of medicine in this country was, in fact, if not in law, largely the prerogative of whites. Nor is it an objection to such relief that preference for minorities will upset the settled expectations of nonminorities. In sum, the governing authorities draw a clear distinction between invidious racial classifications and remedial, benign racial classifications.
V A It may be assumed that the reservation of a specified number of seats in each class for individuals from the preferred ethnic groups would contribute to the attainment of considerable ethnic diversity in the student body. Nor were white students deprived of an equal opportunity for education. New York: New York Univ. The number of American Negro graduates increased from 2. About one out of six applicants was invited for a personal interview. Regents of the University of California, 17 Santa Clara L. This is consistent with the goal of putting minority applicants in the position they would have ben in if not for the evil of racial discrimination.
Held: The judgment below is affirmed insofar as it orders respondent's admission to Davis and invalidates petitioner's special admissions program, but is reversed insofar as it prohibits petitioner from taking race into account as a factor in its future admissions decisions. Nor would it always be helpful to require unconditionally -- as is often proposed -- the withdrawal of all Federal funds from programs urgently needed by Negroes as well as whites, for this may only penalize those who least deserve it without ending discrimination. As the majority acknowledge, in the years under consideration here the Davis medical school accorded preferential consideration to applicants from Northern California because of the shortage of doctors in that part of the state; the assumption behind that policy, of course, was that such residents were likely to return to the vicinity of their homes when they began their practice. There is no occasion for remanding the case to permit petitioner to reconstruct what might have happened if it had been operating the type of program described as legitimate in Part V, supra. Before relying upon these sorts of findings in establishing a racial classification, a governmental body must have the authority and capability to establish, in the record, that the classification is responsive to identified discrimination. To the victim of racial discrimination the result is not noticeably different under either circumstance.
In 1971, the size of the entering class was increased to 100 students, a level at which it remains. In both years, special applicants were admitted with significantly lower scores than respondent's. See also Securities Investor Protection Corp. The deciding swing vote was cast by Justice lewis f. See also the remarks of Senator Pastore id.