Equal Protection Clause Bars Racial Preferences in Admissions Program of State Medical School

Date

1977

Journal Title

Journal ISSN

Volume Title

Publisher

Texas Tech Law Review

Abstract

Analyses the California Supreme Court case, Bakke v. Regents of University of California. Allan Bakke, a Caucasian, twice unsuccessfully tried to seek admission to the medical school of the University of California at Davis. The medical school had a special admissions program which was reserved for minority applicants. It was generally easier to gain admission under the special program and, as a result, several minority applicants with lower grade-point averages and admission test scores than Bakke's were admitted to the school. Bakke filed a complaint against the school after his second rejection seeking mandatory, injunctive, and declaratory relief to compel the University to admit him. The University filed a cross complaint for declaratory relief, seeking a determination that the special admissions program was valid. Ultimately, the California Supreme Court affirmed the trial court's holding on Bakke's right to racially neutral treatment, but reversed and remanded as to his right to an order for admission.

Description

Keywords

Racial preference, Discrimination, Rational basis standard, Strict judicial scrutiny, Medical school, Admissions, Equal protection clause, Bakke v. Regents of University of California, Case note

Citation

8 Tex. Tech L. Rev. 702