Hrm552 - In the 1970s, the University of California at Davis admissions programs was broken into two types; regular and special.
Hrm 552 - The special program was for minority groups or those from economically and educationally at a disadvantage. Allan Bakke, a White male, who applied in 1973 and 1974, was not given an opportunity to attend but others with lower scores could attend through the special admissions program. Therefore, Bakke choose to file a lawsuit against the university. Bakke sought admittance because of Title VII and the Fourteenth Amendment violations. His race was a factor in the decision.
Superior Court of Yolo found special admissions programs do violate the Constitution and that race should not be part of the admissions process. The court however said the university did not need to select Bakke because it was not a guarantee he would get in. Of course the university appealed to the California Supreme Court who ruled the same. This time Regents of University of California appealed the case to the U.S. Supreme Court.
Iscom352 - The Supreme Court ruled on June 28 1978, 5-4, that race could be one factor to cause discrimination. Powell also said the quota system for minority applicants were unconstitutional because it was a clear example of discrimination against other applicants. Furthermore, Powell stance is the university may consider race for a plus factor but only when done as a policy. An example was the use of amicus curiae as a constitutional affirmative action program led by Harvard College Admissions Program that uses race as a factor.
Iscom 352 - Powell said the use of racial quotas violates the Fourteenth Amendment. The other four Justices think the use of race as a criterion in admissions decisions for those in higher education was constitutional.