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 by the Supreme Court of the United States that ruled unconstitutional the admission process of the Medical School at the University of California at Davis, which set aside 16 of the 100 seats for "Blacks," "Chicanos," "Asians," and "American Indians" (and established a separate admissions process for those 16 spaces).

The "diversity in the classroom" justification for considering race as "one" of the factors in admissions policies was different from the original purpose stated by UC Davis Medical School, whose special admissions program under review was designed to ensure admissions of traditionally discriminated-against minorities. UC Davis Medical School originally developed the program to (1) reduce the historic deficit of traditionally disfavored minorities in medical schools and the medical profession, (2) counter the effects of societal discrimination, (3) increase the number of physicians who will practice in communities currently underserved, and (4) obtain the educational benefits that flow from an ethnically diverse student body.

Justice Powell wrote the opinion for the Court, which was joined by Chief Justice Burger, Justice Rehnquist, Justice Stewart, and Justice Stevens, ordering UC Davis Medical School to admit Allan Bakke. Justice Powell's rationale, however, did not carry a majority of justices. Justice Powell, writing for himself save Part I and V-C joined by Justice Blackmun, Justice Brennan, Justice Marshall, and Justice White, and Part III-A joined only by Justice White, concluded that while the school had a compelling interest in a diverse student body and therefore could consider race as a "plus" factor in its admissions program (Part IV-D), it could not ex ante set aside seats specifically for a certain race, resulting in the automatic exclusion of others based only on race (Part IV-B).

Chief Justice Burger, Justice Rehnquist, Justice Stewart, and Justice Stevens, while concurring in result, would have not relied on the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution, but instead, Title VI of the Civil Rights Act.