Wednesday, March 20, 2013

Regents of Univ. of California v. Bakke, 438 U.S. 265, 98 S. Ct. 2733, 57 L. Ed. 2d 750 (1978)



Facts
White male whose application to state medical school was rejected brought action challenging legality of the school's special admissions program under which 16 of the 100 positions in the class were reserved for “disadvantaged” minority students. 
School cross-claimed for declaratory judgment that its program was legal. 
The trial court declared the program illegal but refused to order the school to admit the applicant.
The California Supreme Court affirmed the finding that the program was illegal and ordered the student admitted and the school sought certiorari.

Holding
The Supreme Court held that:
(1) the special admissions program was illegal, but
(2) race may be one of a number of factors considered by school in passing on applications, and
(3) since the school could not show that the white applicant would not have been admitted even in the absence of the special admissions program, the applicant was entitled to be admitted.

Affirmed in part and reversed in part.