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Monday, November 16, 2020

Regents of the University of California v. Bakke

In class today, we held a mock trial of the famous Supreme Court case Regents of the University of California v. Bakke. Students presented arguments representing both sides of the case. I was supporting the University of California. 



Allen Bakke applied for admission into the University of California’s medical school and was rejected – twice! In order to ensure diversity in the program, 16 of the 100 spots were reserved for minority applicants. 


Bakke believed that he was more qualified than the students who received admission through the special minority application process. Bakke deemed that reserving a quota of spaces for minorities violates the Equal Protection Clause of the Fourteenth Amendment of the United States Constitution.


My group, advocating to uphold the quota system, argues that whether we like it or not, there has been a long historical culture of exclusivity in the United States. African American's have a history of discrimination and poverty. Therefore, many African Americans attend inferior schools that innately have a disadvantage in the admissions process. 


In a school historically being all white, introducing a quota for minorities is only a small, incremental step towards equality. Ultimately, by continuing racial quotas in the admission process, we will be able to elevate minorities and finally achieve full equality.


Unfortunately, the Supreme Court did not historically rule in our favor. While SCOTUS agreed that diversity is important, it cannot be the only factor in a quote system. Factors other than race must be considered. This supports affirmative action, allowing race (among other factors) to be considered during the admission process. 


For further information on Regents of the University of California v. Bakke, please watch the video below:



Sources: 

https://www.oyez.org/cases/1979/76-811 

https://core.ac.uk/download/pdf/204166687.pdf

https://www.law.cornell.edu/supremecourt/text/438/265

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