Regents of the University of California v. Bakke

Regents of the University of California v. Bakke, 438 U.S. 265 (1978) was a landmark decision of the Supreme Court of the United States on affirmative action. It bars quota systems in college admissions but affirms the constitutionality of programs giving advantage to underrepresented minorities.

The Decision

Handed down on 28 June, 1978, the decision of the Court was announced by Justice Lewis Powell. The court ruled that race could be one, but only one, of numerous factors used by discriminatory boards, like those of college admissions. Powell found that quotas insulated minority applicants from competition with the regular applicants and were thus unconstitutional because they discriminated against regular applicants. Powell however stated that universities could use race as a plus factor. He cited the Harvard College Admissions Program which had been filed as an amicus curiae as an example of a constitutionally valid affirmative action program which took into account of all of an applicants qualities including race in a "holistic review."

Related Topics:
28 June - 1978 - Lewis Powell

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The decision was split with 4 justices firmly against all use of race in admissions processes, 4 justices for the use of race in university admissions and Justice Powell, who was against the UC Davis Medical School quota system of admission, but found that universities were allowed to use race as a factor in admission. The nature of this split opinion created controversy over whether Powell's opinion was binding. However, in 2003 in Grutter v. Bollinger and Gratz v. Bollinger the Supreme Court affirmed Powell's opinion.

Related Topics:
2003 - Grutter v. Bollinger - Gratz v. Bollinger

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