Monday, March 11, 2019
Uc Regents vs Bakke Case Brief Essay
Allan Bakke. a thirty-five-year- rare white adult male. had twice applied for admittance to the University of calcium medical exam School at Davis. He was rejected both times. The school silent 16 topographic points in each come ining category of superstar 100 for qualified minorities. as portion of the universitys affirmatory bring through plan. in an attempt to right longstanding. unjust nonage exclusions from the medical profession. Bakkes makings ( college GPA and trial tonss ) exceeded those of any of the minority pupils admitted in the two old ages Bakkes applications were rejected. Bakke contended. foremost in the California tribunals. so in the compulsive Court. that he was excluded from admittance entirely on the footing of race. Issue Did the University of California violate the Fourteenth Amendments equal protection clause. and the Civil Rights act upon of 1964. by practising an affirmatory action policy that resulted in the perennial rejection of Bakkes application for admittance to its medical school?Opinion The particular admittances plan is unconstitutional. but race whitethorn be considered as a element in the admittances procedure. Justice Lewis Powell ( J. Powell ) . composing for the tribunal. says that the tyrannical Court of the United States ( Supreme Court ) should non pay attending to past favoritism in reexamining the policies of the University. as this is tantamount to leting political tendencies to order constitutional rules. J. Powell determines that accepting a nominal figure of minorities merely to cut down the traditional shortage of such(prenominal) persons in the medical profession is unconstitutional. as it gives penchant to an person on the footing of race entirely.The major finding of the Supreme Court is whether or non racial penchant may be used to advance salmagundi of the pupil organic structure. J. Powell argues that puting aside a specified figure of minority slots is non congruous to the purported end minori ty pupils in themselves do non vouch a diverseness of point of views in the educational environment. Significance Although race may be a factor in finding admittance to ordinary educational establishments. it may non be a exclusive determining factor.
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