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Affirmative discrimination

 

" This was the first action taken by a president to address racism in the work force. Following Kennedy was President Johnson, who in 1965 also used an executive order to take a stab at affirmative action. At this time he pressured businesses and public entities to support programs of reverse discrimination. In 1978 the Supreme Court agreed to hear Regents of the University of California v. Bakke, and for the first time the court would define what is and what is not constitutional in regards to affirmative action and racial discrimination. Allan Bakke decided to apply to the University of California's Medical School in 1973. His scores were higher than the average students at the medical school, and he was for most part a well qualified individual for acceptance. After being denied the first year Bakke decided to apply again, but to his surprise he was denied once again. Believing that he had been discriminated against he filed a lawsuit. The case eventually was appealed to the California Supreme Court, where a 7-1 vote affirmed Bakke's position. The court based their ruling around the equal protection clause, and denied the university's assertion of taking race into admissions policies. As a result the school was ordered to admit Bakke. After yet another appeal the Supreme Court granted certiorari in 1978, as stated before. As in the Michigan case many amicus briefs were submitted. In June the court released their decision, however it was not a majority opinion. Four members of the court (Stewart, Burger, Stevens, Rehnquist) said that the quota system and any use of race as a possible factor in admissions was unconstitutional. Another four on the court (Brennan, White, Marshall, and Blackmum) said that both quotas and race is acceptable in college admissions. The final member of the court, Justice Powell, said that quotas in admissions were not constitutional, however race could be used in admissions in his opinion.


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