The trial court found that the special program operated as a racial quota because minority applicants in the special program were rated only against one another, Record 388, and 16 places in the class of 100 were reserved for them. It means only that, in choosing among thousands of applicants who are not only 'admissible' academically but have other strong qualities, the Committee, with a number of criteria in mind, pays some attention to distribution among many types and categories of students. When we drafted this bill, we excluded these issues largely because the problems raised by these controversial questions are more properly handled at a governmental level close to the American people and by communities and individuals themselves. Odegaard, , -340 1974 dissenting opinion footnotes omitted. Fifty-eight amicus curiae briefs were filed, establishing a record for the Supreme Court that would stand until broken in the 1989 abortion case.
Despite the objection to the special treatment the bill would provide for Negroes, it was passed by Congress. Pasadena City Board of Education, 311 F. Moreover, Congress believed that it was questionable whether the Executive Branch possessed legal authority to terminate the funding of activities on the ground that they discriminated racially against Negroes in a manner violative of the standards contained in the Fourteenth and Fifth Amendments. See remarks of Senator Pastore, id. Behind Bakke: Affirmative Action and the Supreme Court. Under these circumstances, their performance and degrees must be regarded equally with the regularly admitted students with whom they compete for standing. The latter did not rate or compare the special candidates against the general applicants, id.
Here, in contrast, there is no question as to the sole reason for respondent's rejection -- purposeful racial discrimination in the form of the special admissions program. Murgia, , 313 1976 age ; San Antonio Independent School Dist. Supreme Court granted review and the case was briefed and argued, but by then, DeFunis was within months of graduation. Bridgeport Civil Service Commission, 482 F. The number of qualified, indeed highly qualified, applicants for admission to existing medical schools in the United States far exceeds the number of places available. The university then appealed to the United States Supreme Court.
Here, in contrast, there is no question as to the sole reason for respondent's rejection -- purposeful racial discrimination in the form of the special admissions program. During a four-year period, 63 minority students were admitted to Davis under the special program and 44 under the general program. Board of Education, 17 Cal. California, , 663 1948 Murphy, J. But the long-awaited emancipation, while freeing the Negro from slavery, did not bring him citizenship or equality in any meaningful way. True, the procedure by which disadvantage is detected is informal, but we have never insisted that educators conduct their affairs through adjudicatory proceedings, and such insistence here is misplaced.
It seems rather shocking, moreover, that, while we have on the one hand the 14th Amendment, which is supposed to do away with discrimination, since it provides for equal protection of the laws, on the other hand, we have the Federal Government aiding and abetting those who persist in practicing racial discrimination. While the goal of achieving a diverse student body is sufficiently compelling to justify consideration of race in admissions decisions under some circumstances, petitioner's special admissions program, which forecloses consideration to persons like respondent, is unnecessary to the achievement of this compelling goal, and therefore invalid under the Equal Protection Clause. First, it may not always be clear that a so-called preference is in fact benign. The Congress that passed the Fourteenth Amendment is the same Congress that passed the 1866 Freedmen's Bureau Act, an Act that provided many of its benefits only to Negroes. Each of these injuries was constitutionally cognizable as is respondent's here.
A At least since Green v. In short, an admissions program operated in this way is flexible enough to consider all pertinent elements of diversity in light of the particular qualifications of each applicant, and to place them on the same footing for consideration, although not necessarily according them the same weight. Painter, 1950 ; McLaurin v. But this should not and must not mask the central meaning of today's opinions: Government may take race into account when it acts not to demean or insult any racial group, but to remedy disadvantages cast on minorities by past racial prejudice, at least when appropriate findings have been made by judicial, legislative, or administrative bodies with competence to act in this area. At the justices' December 9 conference, with Blackmun still absent, they considered the case. B The State certainly has a legitimate and substantial interest in ameliorating, or eliminating where feasible, the disabling effects of identified discrimination. Court membership Chief Justice Associate Justices · · · · Case opinions Majority Powell Parts I and V-C , joined by Brennan, White, Marshall, and Blackmun.
Racial and ethnic classifications, however, are subject to stringent examination without regard to these additional characteristics. This kind of program treats each applicant as an individual in the admissions process. The result was that very few ethnic or racial minorities attended Harvard College. Balancing the rights of a society against rights of individuals, Powell frequently cast decisive pro- votes. In 2001, the case was dismissed by a federal judge who stated that Farmer's rejection from the University was not based on race, but on his academic ability. The denial to respondent of this right to individualized consideration without regard to his race is the principal evil of petitioner' special admissions program.
This is precisely the same choice as would confront recipients if suit were brought to cut off funds. After such findings have been made, the governmental interest in preferring members of the injured groups at the expense of others is substantial, since the legal rights of the victims must be vindicated. Not all minority applicants whose admission was recommended under the program gained entry—some were rejected by the admissions committee. He was rejected both times. Its broad mission is education, not the formulation of any legislative policy or the adjudication of particular claims of illegality. Ervin ; 5251 remarks of Sen. The law school was trying to boost enrollment of African Americans and Mexican Americans.