ERIC Number: ED202371
Record Type: RIE
Publication Date: 1978-Sep
Reference Count: 0
The Decision and Its Background.
McKay, Robert B.
The facts and principal issues of the Bakke case, some of the strengths of the U. S. Supreme Court judgment, and some of the questions left for later resolution are considered. Bakke alleged violation of equal protection provisions, since he was denied admission to the University of California (Davis) medical school, although his test scores and grade point average were higher than most or all the 16 minority applicants who were accepted under a Task Force Program. After a trial court and California Supreme Court issued opinions, the U.S. Supreme Court heard the case. The prevailing view on principal issues was that race and ethnic background may be considered along with other factors in higher education admissions decisions, and that Bakke must be admitted to the medical school at Davis because the procedures pursuant to which he was denied admission were invalid. It is suggested that the central message of the decision is an approval of affirmative action, and that the Davis program was rejected, not because race and ethnicity were taken into account in making admissions decisions, but because of the two-track character of the program. The six opinions of the Supreme Court Justices are outlined. It is suggested that the most important proposition of the decision is that the Court has now resolved the doubts that have revolved around all race-conscious admissions programs. Every college and university, after determining that its admissions program complies with the Court's guidelines, will now be able openly to state what it intends. The Court also left leeway to medical schools and higher education in prescribing admission standards. Unresolved issues include: the extent to which numbers of minority students should be considered in the admissions program, permissible admissions criteria, and the impact of the Bakke decision on financial aid and other programs intended to aid minority students. (SW)
Publication Type: Speeches/Meeting Papers; Opinion Papers
Education Level: N/A
Sponsor: Kellogg Foundation, Battle Creek, MI.
Authoring Institution: State Higher Education Executive Officers Association.; Education Commission of the States, Denver, CO. Inservice Education Program.
Identifiers: Bakke v Regents of University of California; Seminars for State Leaders Postsec Ed (ECS SHEEO)
Note: Paper presented at a Seminar for State Leaders in Postsecondary Education (San Diego, CA, September 1978). Not available in paper copy due to marginal legibility of original document.