Law 003, Fall 2021
02 December 2021
Discrimination in Education: The Brown Education Cases and Bakke
1.
Why did Allan Bakke file a lawsuit?
In his lawsuit against the University of California, Bakke claimed that its admission policy violated Title VI of the Civil Rights Act of 1964 and the Equal Protection Clause of the Fourteenth Amendment.
2.
What arguments did the university make in Regents v. Bakke?
As the Supreme Court decided in Regents of University of California v. Bakke (1978), racial "quotas" were unconstitutional, but using "affirmative action" to attract minority applicants was constitutional under certain circumstances.
3.
Why was the issue in Bakke sometimes called “reverse discrimination”?
Bakke filed suit, claiming "reverse discrimination" because several minorities were admitted with lower grade point averages and a lower MCAT score than his. Another four petitioners asked the Court to rule that Bakke was not admissible to the medical school and the program was
constitutional.
4.
What were Allan Bakke’s arguments against the use of affirmative action?
He alleged that he had been subjected to "unfair reverse discrimination" on the basis of race, contrary to the Civil Rights Act of 1964 and the Equal Protection Clause of the U.S. constitution,
in light of his superior grades and test scores.
5.
What was the decision in Bakke? (State who won and why?)
The Supreme Court, in a highly fractured ruling, agreed that the university’s use of strict racial quotas was unconstitutional and ordered that the medical school admit Bakke, but it also
