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Reverse Discrimination
In 1973 a thirty-three year-old Caucasian
male named Allan Bakke applied to and was denied admission to the University
of California Medical School at Davis. In 1974 he filed another application
and was once again rejected, even though his test scores were considerably
higher than various minorities that were admitted under a special program.

This special program specified that 16 out of 100 possible spaces for the
students in the medical program were set aside solely for minorities, while
the other 84 slots were for anyone who qualified, including minorities.

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What happened to Bakke is known as reverse
discrimination. Bakke felt his rejections to be violations of the Equal
Protection Clause of the 14th amendment, so he took the University of California
Regents to the Superior Court of California. It was ruled that “the admissions
program violated his rights under the Equal Protection Clause of the 14th
Amendment”1 The clause reads as follows:
“…No state shall make or enforce any
law which shall abridge the privileges or immunities of citizens of the
United States; nor without due process of the law; nor deny to any person
within its jurisdiction the equal protection of the laws.”2
The court ruled that race could not be
a factor in admissions. However, they did not force the admittance of Bakke
because the court could not know if he would have been admitted if the
special admissions program for minorities did not exist. Bakke disagreed
with the court on this issue and he brought it before the California Supreme

The California Supreme Court held that
it was the University’s burden to prove that Bakke would not have been
admitted if the special program was not in effect. The school could not
meet this requirement, and Bakke was admitted by court orde r. However,
the University appealed to the Supreme Court for “certiorari”, which was
granted, and the order to admit Bakke was suspended pending thCourt’s decision.3
The Issues and Arguments for Each Side
“Bakke was the most significant civil
rights case to reach the United States Supreme Court since Brown v. Board
the Education of Topeka, Kansas.”4 The special admissions program at Davis
tried to further integrate the higher education system because merely removing
the barriers, as the Brown case did, did not always work. In short, Bakke
was questioning how far the University of California Medical School at
Davis could go the try to make up for past racial discrimination and segregation.

The arguments for and against the special
admissions program are complicated. The arguments for special admissions
are as follows: Because of past injustices, compensation should be granted
to minorities, and one possible form is as affirmative action, which, in
this case, is the role of the special admissions program. In addition,
racial diversity in educational institutions was seen as a plus. The diversity
would teach students more about different races and religions and prepare
t hem for the future when they would most likely have to work along side
someone different from themselves. Hopefully, minorities in professional
areas would return to their minority community and be seen as a role model
for minority youth while benef itting the entire community as well. The
final argument for the special admissions program is that advantage should
not be associated with race, i.e. because one is of the Caucasian majority
he/she should not have more advantages and likewise because one is of a
minority he/she should not be disadvantaged.

The arguments against the special admissions
program were based upon the fact that the Constitution was intended to
overlook race and ethnicity in public authority and decisions. The fault
in special admissions programs is that they will use skin color as a more
important factor than academic and personal merit. Thus, those who deserve
advancement may not receive it, due to affirmative action and the associated
reverse discrimination. By doing so, the various ethnic groups will be
divided and possibly end up competing. Another problem with the special
admissions program is that it does not take into account the disadvantaged
who are in the majority, not the minority. And finally, it is seen as charity
to the minorities by many individuals and civil rights groups. The Opinion
of the Supreme Court
The decision of the Supreme Court was seen
as “something for everyone.” In other words, each side, although not completely
gaining their ends, furthered their cause. The special admissions program
at Davis was deemed unconstitutional becaus e it specified a number of
minority slots. However, the court upheld the use of race or ethnicity
as “a ‘plus’ in a particular applicant’s file, so long as it does not insulate
the individual from comparison with all other candidates for the available
“Justice Powell was the key to the Bakke
decision; In fact, it could be said that he created both majorities in
addition to merely agreeing with them.”6 The decision to do away with the
Davis special admissions quota system was supported by Powell, Chief Justice
Burger, Justice Rehnquist, Justice Potter Stewart, and Justice John Paul
Stevens. They saw the Bakke case as a dispute which could be settled by
the 1964 Civil Rights Act without even calling constitutional matters into
questi on. “Title VI of the act, they pointed out, barred any discrimination
on the ground of race, color, or national origin in any program receiving
federal financial assistance.”7 Therefore, the university had violated
that part of the 1964 Civil Right s Act.

However, Powell thought differently. Instead
of ruling out constitutional involvement, he saw the equal protection clause
of the Fourteenth Amendment and Title IV of the 1964 Civil Rights Act as
equal. Therefore, he said, “what violated one violated the other.

“The Davis special admissions program used
an explicit racial classification, Powell noted. Such classifications were
not always unconstitutional, he continued, ‘but when a state’s distribution
of benefits or imposition of burdens hinges on. .. the color of a person’s
skin or ancestry, that individual is entitled to demonstration that the
challenged classification is necessary to promote a substantial state interest.’
Powell could find no substantial interest that justified the establis hment
of the… quota system. Not even the desire to remedy past discrimination
was a sufficient justification, he said.”8
Powell did not agree completely that all
racial classifications were unconstitutional. He did think that affirmative
action, when it considered race, was okay. He demonstrated this when he
voted on this point with Justices Brennan, Marshal, White, and Harry A.


After eight months, a vote of 5-4 decided
that Bakke be admitted to the medical school at Davis. The decision on
the constitutional issue was that a numerical quota was unconstitutional
unless it was used to right a previous discrimination. However, using race
and religion as a plus in educational admissions was deemed constitutional.

My Personal Opinion and Arguments
I agree partly with the ruling of the
Supreme Court. The decision that Bakke’s Constitutional rights were violated
I feel is correct.

However, if they were, than any quota based
on race is unconstitutional also. Whether or not there is an actual number
for a quota, or just a preference to admit someone of a non-Caucasian race
to an educational institution merely because of their race. This may curb
someone’s opportunities just because they were white. This IS reverse discrimination,
and it should not be practiced. Race should NOT be considered at all in
any admissions program that is federally funded. By trying to right past
wrongs on minorities by incurring wrongs on the majority today, it will
start a cycle that will, in th e worst case, be never ending. For example,
if yesterday a Negro could not get into a college because of discrimination,
then today we’ll let him in because we want to try to right the wrong of
yesterday. But in doing so, we must not admit a white because he is white.

And then tomorrow do we have to keep out a black to let the white in? It
is an endless cycle that is wrong and unconstitutional. Race should be
overlooked all together, and only academic merit and community involvement
should be considered in any federally funded institution.

Relevance to Current Issues
Affirmative action has recently become
an issue in the Supreme Court again. Because Clarence Thomas is replacing
Thurgood Marshall, and Thomas is against Affirmative Action, and Marshall
was for it, the past decision may be overturned. In a 1989 case it was
ruled that the legacy of discrimination was not enough to validate the
use of hiring quotas.

This term, the Supreme Court will turn
towards desegregation and Affirmative Action. The Freeman v. Pitts case
is another recent case dealing with whether bussing is still needed to
curb past discrimination.

Another case that the court has accepted
for this term will examine whether colleges should eliminate racial preference
systems in admissions or whether quotas are still needed to further curtail
the use of affirmative action. The name of this case and the specific facts,
however, were unavailable at this time.9
Obviously affirmative action and reverse
discrimination are still heavily debated issues. This is because they affect
all people of all races and ethnicities. Conclusion Allan Bakke was denied
his fourteenth amendment right to equal protection of the laws. In addition
the University of California at Davis violated Title IV of the 1964 Civil
Rights Act. By order of the Supreme Court Bakke was admitted and th e numerical
quotas of the special admissions program were deemed unconstitutional.

Justice was served to Bakke, but future generations who are not minorities
may be plagued by the other half of the decision: That race may still be
used as a “plus” on an application.


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