BC: The End
FC: Regents of the University of California v. Bakke | By Kelley Berman and Emily Buss
1: Table of Contents | * Brown v. Board of Education - Pg. 2-3 * Case Background - Pg. 4-5 * Swann v. Charlotte-Mecklenburg - Pg. 6-7 * "Equal Opportunity" Programs - Pg. 8 * AAMC - Pg. 9 * University of California Davis School of Medicine - Pg. 10-11 * Allan Bakke Biography - Pg. 12-15 * Lower Courts and how it came to the Supreme Court - Pg. 16-19 * California Supreme Court - Pg. 20-21 * U.S. Supreme Court - Pg. 22-23 * Aftermath - Pg. 24-28 * Works Cited - Pg. 29
2: Brown v. Board of Education | * Brown v. Board of Education was considered a precedent of California Regents v. Bakke * The case decided that separation of races in public schools was unconstitutional * The court didn't set a specific date that school systems would have to desegregate their schools * Ten years after the Court made their decision (1964), only 2.3% of African Americans in the South were enrolled in mixed-race schools
3: In Brown v. Board of Education (1954), the Court ruled that "separate but equal" education facilities were unequal therefore unconstitutional
4: Case Background | With preceding cases such as Brown v. Board of Education, things still seemed unchanged in the schools. African Americans still attended poor-quality, segregated schools facing discrimination daily.
5: Both black and white citizens staged sit-ins and held protest marches regarding segregation in schools | 1964: Federal Government passes the Civil Rights Act. | Schools responded slowly to these new actions of law, most likely due to their disagreement with them | Civil Rights Act - Forbid discrimination in public facilities, education, and employment
6: In 1964, a group of parents from Charlotte, NC filed suit against the black students in the Charlotte Mecklenburg school system still attending black schools.
7: Swann v. Charlotte-Mecklenburg Board of Education | In 1969, federal judge James McMillan ordered that the the school system's schools should be completely desegregated by fall of 1970. | This federal court decision was appealed to the U.S. Supreme Court, voting unanimously to uphold McMillan's initial ruling.
8: Colleges, universities, and businesses started to establish "equal opportunity" programs. | Equal Opportunity/Affirmative Action Programs - policies designed to provide limited kinds of preferential treatment for people from certain racial, ethnic, and social groups that have been the victims of long-term discrimination | What are Equal Opportunity Programs?
9: In 1968 the Association of American Medical Colleges had the following recommendation: "Medical schools must admit increased numbers of students from geographical areas, economic backgrounds, and ethnic groups that are now inadequately represented."
10: University of California Davis School of Medicine | Davis School of Medicine wanted to recruit minority/underrepresented ethnic groups | 16 of the 100 spots in the school's entering class were "reserved" for minority applicants
11: From 1970-1974, admissions admitted: | 33 Mexican Americans 26 African Americans 1 Native American 12 Asian Americans
13: Allan Bakke * attended an all-white school in Florida * attended University of Minnesota with straight A's * was an exceptional student academically * went on to serve four years in the Marine Corps, including service in Vietnam * He left the Marines in 1967 as a captain * Aerospace engineer with NASA at Ames Research Center in San Francisco Bay area
14: He scored in the 97th percentile in scientific knowledge and in the 96th percentile in verbal ability on the MCAT | Undergraduate School GPA 3.51 | Due to his age (33 years old) some schools automatically disqualified him as a candidate
15: U.C. Davis minority applicants' required MCAT score and GPA were significantly lower than white applicants, which upset Bakke. Their GPA requirement was 2.42 when the rest of the applicants had to have a 3.36. He was rejected a second time, knowing it wasn't his age keeping him from getting into U.C. Davis School of Medicine.
16: Lower Court and how it | June 29, 1974: Allan Bakke's lawyer, Reynold Colvin, filed a complaint on Bakke's behalf at the local county courthouse in Woodland, California. | Colvin charged that "the sole reason [Bakke] was rejected was on account of his race." U.C. Davis was in violation of the 14th amendment/Equal Protection Clause, violating the Constitution. U.C. Davis admissions was being racist by labeling minorities as incapable of meeting higher education standards
17: came to the Supreme Court | Donald Reidhaar, the chief counsel for U.C. Davis, pointed out that the task force considered the race or ethnic background of applicants in order to promote diversity in the student body and in the medical profession itself.
18: Judge F. Leslie Manker ruled that the Davis task force program violated the Equal Protection Clause of the 14th Amendment. However, Manker didn't order the task force to admit Bakke
19: Lawyers for both sides began almost immediately to appeal the decision to higher courts
20: California Supreme Court | **They heard the case within four months of appealing to the highest state court** | Reputation: deciding in favor of the poor and for extending people's constitutional rights Justice Stanley Mosk wrote the majority opinion for the California Supreme Court Bakke case
21: Court Decision | Mosk upheld the lower court ruling. It supported that the task force program was illegal. It also ordered that Bakke be admitted to U.C. Davis Medical School.
22: U.S. Supreme Court | Is it constitutional for University of California Davis School of Medicine to designate a specific number of spots to non-white students? | Chief Justice Warren E. Burger | Bakke was more than qualified for admission into the school, but was discriminated against because of his ethnicity.
23: 5 - 4 split supporting Bakke | A quota system based on race is UNCONSTITUTIONAL while the white affirmative systems were constitutional. | There was an even split (4-4) on the interpretation of title VI of the Civil rights statute. This prohibits racial discrimination in any federal funding institution. | Justice Powell was the swing vote, deciding to reject quotas, but allowing race to factor in college admission decisions to meet diversity standards
24: Aftermath | Race is still a factor in college admission decisions, but not a deciding factor | On applications, most ask for your race/ethnicity | Schools aren't allowed to have certain racial quotas
25: Grutter v. Bollinger | Affirmative action was considered constitutional, but awarding favorable admission based on minority race was considered UNCONSTITUTIONAL. | Justices reffered to Bakke under strict scrutiny in order to make the final court decision. Both cases deal with college admissions and minority groups, being a very touchy, controversial issue.
26: Gratz v. Bollinger | In 2003, the Supreme Court affirmed Justice Powell's opinion, rejecting "quotas," but allowing race to be one factor in college admissions decisions to create campus diversity.
27: Aftermath... | United Steelworkers of America v. Weber was a case regarding affirmative action in 1979. The United States Supreme Court held that the Civil Rights Act of 1964 did not bar employers from favoring women and minorities.
28: The City of Richmond v. J.A. Croson Co was a brought to the United States Supreme Court in1989. The Court held that the city of Richmond's programs set aside for minorities gave preference to minority business enterprises which was unconstitutional under the Equal Protection Clause. | Aftermath continued
29: WORKS CITED | Banfield, Susan. The Bakke Case Quotas in College Admissions. Berkeley Heights: Enslow Publishers, Inc., 1998. Print. | Banfield, Susan. The Bakke Case Quotas in College Admissions. Berkeley Heights: Enslow Publishers, Inc., 1998. Print. "Google Images." Google. Google, n.d. Web. 24 May 2012.