In the case of Regents of the University of California v. Bakke, Allan Bakke a white male was rejected from regular admissions into California University. He was rejected twice; meanwhile, minority students with lower grade point averages were being admitted into the same school under a special admissions program. After his second rejection, Allan Bakke was very upset, so he filed a law suit to the Superior Court of Yolo County, California. He wanted the chance to be admitted into medical school through the special admissions program. The University said that their admissions program was important and it ought to be kept in the University. They said it helped with the issue of discrimination. In the past, minors were not admitted into medical …show more content…
He did not understand why he was not being admitted into the University while blacks, Asians, and other minorities were being excepted when they were plainly just not as smart as Allan. The lower court ruled that the special admissions program violated the state and federal constitutions and was illegal. Race should not be a deciding factor in the admissions process. But the lower court also ruled that Allan Bakke should not be admitted into the University of California because he failed regular admissions. Then the lower courts appealed the case to the Supreme Court. When the case was brought to the Supreme Court, the judges listened to both sides of the case. The Supreme Court judges with a vote of six to one decided that the special admissions program should be taken away and the Bakke should be admitted into medical school at the …show more content…
The University says that the special admissions program is for those minorities who aren’t smart enough to get in through the regular admissions. If they aren’t smart enough to get in through regular admissions, they should not be let into the school. We don’t want a black doctor to be a worse doctor than a white doctor just to have ethnic diversity in the medical fields. The lawyers also said that they have this special admissions program so that the medical world isn’t only made up of white doctors. But they said that minorities can make it into the school through regular admissions, so why would it be only white doctors? Our country should have only the best doctors, not just okay ones. I’m not saying that minority doctors will not be as good as white doctors, but there is always the chance because they didn’t get in through regular
Though in Grutter v. Bollinger we deal with the 14th amendment of the Equal Protection Clause and racial classifications too, the way race is used is slightly differs. In this particular case, the court had to decide whether the use of race at the Univeristy of Michigan Law School during the admissions process violated the Equal Protection Clause of the 14th amendment. Barbara Grutter, a Caucasian applicant, applied to the University of Michigan in 1996 with a 3.8 GPA and a score of 161 on her LSAT. Grutter was placed on the waitlist, but was subsequently denied admission to the school. Grutter claims that she was only denied because of her race, as the University uses race as a factor in the admission process.
Issue- Can race diversity be taken into account when deciding admissions to a public University? Previous History- Grutter believed that the University was in violation of the Fourteenth Amendment, and of the Civil Rights Act.
In 1997, a legislation was passed in Texas, requiring all high school seniors who ranked in the top 10% of their classes to be admitted to the school. Fast forwarding to 2008, both Plaintiffs Abigail Noel Fisher and Rachel Multer Michalewicz applied to the University of Texas at Austin, but where denied. They believed that they were denied due to the fact that they were white. In 2009, United States District Court judge Sam Sparks upheld the University's policy, finding that it meets the standards laid out in Grutter v. Bollinger.[8]
PARTIES INVOLVED Kinney Kinmon Lau on behalf of the 1,800 non-English speaking students filed a suit against the San Francisco Unified School District. FACTS After a mandated integration of the San Francisco school system following a court order in 1971, a report was stated that in the San Francisco Unified School District there were approximately 2,800 students of Chinese decent in their school system that did not speak English. An estimated 1,000 students were receiving language support while the remaining 1,800 students were not receiving any additional support.
Fisher, but they held the the Court of Appeals did not hold the University’s admission policies to a standard of strict scrutiny so the judgement was incorrect. In previous judicial precedent in cases dealing with minority admissions, the Court has held that they are reviewable under the fourteenth amendment, these such cases must be held to a standard of strict scrutiny to determine whether the policies are precisely tailored to serve a compelling governmental interest. If the policy does not meet this standard, then race can not be considered in any admissions process. The Court stated the it was the job of the reviewing court to verify that the University policy in question was necessary to achieve a more diverse student body and the any race-neutral alternative would not achieve the same level of diversity. The Supreme Court said the lower courts did not conduct a sufficient strict scrutiny examination in this case.
Elements of UC Regents v. Bakke UC Regents v Bakke helped affirm the use of having affirmative action when applying to colleges and when college decisions were made. Bakke was under the belief that he was being excluded because of his race. Sixteen of Hundred seats in the entering class were for minorities. Bakke was denied admission to the medical school for University of California Davis, though his MCAT and GPA score were much higher than the minority applicants
Because there are two cases involved, there are two different legal questions that we must answer. First, we were to answer whether The Asian Society’s and its members Equal Protection rights were abridged upon by them being denied the benefits of the other minorities that attend West Central Dixie State University. Secondly, we were to answer the question brought to the court by The Sons of the Confederacy: Is the policy of positive segregation implemented by the university unconstitutional based on the rights guaranteed in the Fourteenth Amendment, specifically the Equal Protection clause. We agree with the lower Court’s ruling in the case of The Asian Society that the policy itself it not unconstitutional, but that it does violate the Fourteenth Amendment because the compelling interest of the university is not narrowly-tailored enough. It should include all minorities not just some for the policy of positive segregation to fulfill its purpose of multiculturalism and diversity.
n the Supreme Court case University of California v. Bakke in 1978, Allan Bakke, a white applicant, was denied admission to the University of California, Davis Medical School because he was white, although he had great MCAT, GPA, and test scores he was denied twice, because the school was using “racial quotas” during admission and had “reserved 16 out of 100 seats in its entering class for minorities, including "Blacks," "Chicanos," "Asians," and "American Indians"’’("Regents of the University of California v. Bakke. " West's Encyclopedia). Bakke sued the University of California for using “racial quotas” as well as claiming that the schools admission processes was a violation of “Title VI of the Civil Rights Act of 1964 and the Fourteenth
This complaint case consisted of thirteen plaintiffs and twenty students who were forbidden from attending public schools with whites. The group filed a complaint to the board with the intention of changing the rule of segregation between colored and whites. Their complaint was seen unreasonable and the court found itself leaning towards the side of the Board of Education. This was because the schools were seen equally fair in terms of classroom settings, the staff, quality of education provided, etc. However, it still appeared unconstitutional because of content stated in the 14th amendment, which consists of the rights of the citizens and an equal amount of protection of the laws.
The problem that the Supreme Court was facing was whether the equal protection clause of the Fourteenth Amendment of the U.S. Constitution mandates the states to desegregate in the public schools, which means the policy of “separate but equal” that those states followed is unconstitutional or not. Morally, segregation is unacceptable, but it was difficult to justify the idea legally under the 14th amendment because the defense lawyer claimed that the issue was about the control of public schools, it should be the “states” right issue that Congress was not intended to be covered by the 14th amendment. Until the second extensive discussion, the newly appointed Justice Warren noticed the policy, and Warren Court had agreed that segregation was inequitable and unconstitutional. However, he considered that in this case, it is very important to reach unanimous. So he wrote an opinion for dissenting justices to convince them to reach the significance unanimous, and finally, Warren court made a 9-0 unanimous decision that “separate educational facilities are fundamentally
Fisher v. University of Texas was a case that formed in 2008. Abigail Fisher claimed that she was rejected from The University of Texas because she was white. The case seemed to have caught attention from around the U.S. The case soon made its way to the Supreme Court. Here’s why.
In 1946, another African American man, Heman Sweat, was applying to University of Texas Law School, but was denied acceptance due to his race. In an attempt to get away with not admitting Sweat to the white law school, the University of Texas set up a black law school that did not live up to the standards it should have. Sweat knew he was not receiving the same education at the black law school that he would at the white law school, so he decided to sue and the case made it to the Supreme Court. In 1950, the Supreme Court completely agreed with Sweat, because of the obvious inequalities in the two schools. The University of Texas believed they were following the phrase “separate but equal,” when in reality nothing about the schools was equal.
Before this case, people of the black community couldn 't go to college and they would settle for inferior. They weren 't even allowed to be interviewed for college as they were viewed as inferior as the titles they carried. Allan Bakke wanted to go medical school, but that was pretty difficult considering they didn 't even begin to consider letting him in. He filed a suit after his shocking revelation and the Supreme Court ordered the college to let him in, after which the college appealed to the court. The court accepted and the verdict came to this:"
Still, basing admissions solely on merit does not cause such unhappiness. As long as merit-based standards are used, minorities cannot be unhappy because if they merit admission they will be granted it. Thus, according to the utilitarian ethics, Affirmative Action should not be allowed in medical schools because there is an alternative course of action which creates more units of happiness. Since this form of action produces more happiness, it suffers a less evil tendency than Affirmative Action which has the potential to cause more unhappiness. Many courts are leaning toward this viewpoint with regard to decisions against Affirmative Action because they do not count it a means of creating
Racism is still immensely prevalent in today’s medical field. No matter which way society spins it, people are racist, sexist, and homophobic to everyone who does not look or act exactly like them. Doctors are the people in this world who are supposed to help everyone. They’re here to save lives,