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The Law and Me


Justice Lewis F. Powell, Jr., agreed, casting the deciding vote ordering the medical school to admit Bakke. However, in his opinion, Powell argued that the rigid use of racial quotas as employed at the school violated the equal protection clause of the Fourteenth Amendment. The remaining four justices held that the use of race as a criterion in admissions decisions in higher education was constitutionally permissible. Powell joined that opinion as well, contending that the use of race was permissible as one of several admission criteria (www.plhs.esu3.org).
             In other words the racial quota was unconstitutional, but if using race was only part of the admissions process then it was perfectly fine to help decide who can gain admittance. This is one of several affirmative action problems in California.
             On November 5, 1996 California went to the polls and passed prop 209 with a 54% to 46% final count. Prop 209 was written to remove affirmative action from the state of California. The prop stated, "The state shall not discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting"(www.cadap.org). Once the prop passed it was taken all the way to the supreme court where they came back with this ruling, "On November 3, 1997, the U.S. Supreme Court denied certiorari in the case, letting stand the Ninth U.S. Circuit Court of Appeals decision of April, 1997 which strongly upholds the constitutionality of the measure"(www.cadap.org). This prop limited the civil rites acts of 1964 and 1965.
             In the mid 1960's President Johnson had several ideas that found there way into the civil rites acts. One idea was affirmative action, he said, "Some form of affirmative action would be needed to help minorities overcome decades of prior discrimination"(www.civnet.


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