The University of California v. Bakke - Case Study Example

Regents of the of California v. Bakke, is a landmark case, decided in 1078, about affirmative action in educational s and how it can be racism in reverse, so to speak. The University of California’s medical school devised a dual admission criterion for the minorities in the 70s to increase the number of “disadvantaged” students at the university. For the regular students there was a stringent screening procedure, which involved having more than 2.5 GPA, an interview, the candidate’s science GPA, the scores of the candidate on the Medical College Admission Test (MCAT), extracurricular activities and other data. These ratings were then added together to calculate the candidate’s “benchmark score”, which was then used as a criterion for admission. On the other hand, applications of candidates who specified that they belonged to a minority group (which was taken to mean Blacks, Chicanos, American Indians or Asians), or that they were economically and/or educational disadvantaged, were referred to the special admission committee, which was assigned 16 out of the 100 seats for the program. These applicants did not have to fulfill the regular criteria set out for admission into the medical school. Though it was not stated that the special admission program was limited to those belonging to minority groups only, yet from 1971 to 1974 only those belonging to minority groups were admitted, with no white candidates being admitted through this program. On the other hand, candidates belonging to minority groups were also admitted into the regular program. Allan Bakke applied twice (1973 and 1974) into the regular program and was rejected both the times, while, at the same time, applicants with lower GPA, MCAT and benchmark scores were admitted into the special program. After being rejected the second time, Bakke initiated a suit in the Superior Court of Yolo County, California, against the University for admission, stating that as he was excluded on the basis of race, the special admission program violated his rights under the Equal Protection Clause of the Fourteenth Amendment and Title VI of the Civil Rights Act of 1964, and that he should be granted admission at the University. The Court, though agreed with his contention that the special admission program of the University was in violation of the above stated principles, as race could not be set as a criterion for admission, yet it did not agree with Bakke on the question of granting admission, as according to the Court, Bakke failed to prove that he would have secured admission at the medical school had the program not existed. The University of California appealed to the Supreme Court of California against this decision. The Court not only agreed with the lower court on the question of the admission policy being in direct violation of the Fourteenth Amendment and the Civil Rights Act, but also ruled that Bakke should be granted admission as this time around the University failed to prove before the Court that Bakke would not have been granted admission even in the absence of the special program. The University again appealed the decision and the case was brought into the United States Supreme Court. The Supreme Court upheld the decision by the California Supreme Court, though the decision was not unanimous, but was 5-4. The Court stated that albeit there is a need for those belonging to the minority groups to be brought into the frontlines with the whites, however, the University was wrong in the way it was handling the situation. The special admission program was based on the racial background of the applicant, something that is unconstitutional. Firstly, if a person is given admission at a university based on his race alone, it is discrimination, even if it is against the majority of the country. Justice Powell stated, “Preferring members of any one group for no reason other than race or ethnic origin is discrimination for its own sake. This the Constitution forbids.” The Court held that if race were to be only one factor amongst many in the admission criteria, the University would have been justified in its policy; however, to make race the criterion is unconstitutional. In the words of Justice Powell, while speaking for the Supreme Court, “… Race or ethnic background may be deemed a ‘plus’ in a particular applicant’s file, yet it does not insulate the individual from comparison with all other candidates for the available seats.” Hence, in accordance with the Court’s ruling, the University of California had to abandon its special admission program and give admission to Allan Bakke, who subsequently graduated from the medical school in 1992. Even though this case can seem to negate the whole concept of affirmative action, yet it did not have that great an effect on the country with regards to the same. Perhaps one of the reasons for this is the split decision of the Supreme Court, with 5 Justices ruling in favor of Bakke, with the other 4 not ruling this way. However, one of the reasons why this case is considered to be a landmark case in the recent Constitutional history of the United States is that for the first time it was decided that affirmative action, if taken without any other considerations other than race, was unconstitutional. Moreover, even though it was observed that the minorities were sometimes marginalized in the society, however, that did not mean that they should be insulated from the rest of the society. A system whereby the minorities are allowed to compete with the majority, as well as have an insular “special” program that the majority is excluded from is a breach of the Constitutional rights of the majority, and should not be allowed, as racial discrimination, no matter whom it is against, is not allowed under the Constitution. Affirmative action, in itself is allowed under the Constitution as well, where it is proven that there is a necessity for such a provision for the attainment of some special purpose, which could not otherwise have attained. However, there is an inherent danger in affirmative action being turned into “racism in reverse”. No matter what the reasons, if a person belonging to a specific race is led to believe that he is not granted equal rights, as provisioned in the United States Constitution, due to his race, it is racism, no matter how noble the cause is. Perhaps it would be best to state that if affirmative action is to be promoted for the years of injustices that the minorities have lived through, it is best to let the minorities compete with the majority in the mainstream, and allowed to have some advantage over the latter on the basis of their race. This is what Justice Powell also stated. It is wrong to favor a person over another who possesses more skills, expertise and other qualifications just because he belongs to a minority group and is of a specific race. In conclusion, the decision in this case was very sound and logical. Unlike what might be perceived in this regard, this ruling did not damage the whole ideal of affirmative action, but it strengthened it by removing the obvious flaw that was present in its implementation. Affirmative action does not entail blatant racism, but that if two people of equal qualifications are competing for the same position, the one who belongs to the disadvantaged class/race is to be given priority: an action that has, till now, created a lot of opportunities for the minorities. Read More