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Case Basics
Docket No. 
Regents of the University of California
(Argued the cause for the respondent)
(Argued the cause for the petitioner)
(Argued the cause for the United States as amicus curiae)
Facts of the Case 

Allan Bakke, a thirty-five-year-old white man, had twice applied for admission to the University of California Medical School at Davis. He was rejected both times. The school reserved sixteen places in each entering class of one hundred for "qualified" minorities, as part of the university's affirmative action program, in an effort to redress longstanding, unfair minority exclusions from the medical profession. Bakke's qualifications (college GPA and test scores) exceeded those of any of the minority students admitted in the two years Bakke's applications were rejected. Bakke contended, first in the California courts, then in the Supreme Court, that he was excluded from admission solely on the basis of race.


Did the University of California violate the Fourteenth Amendment's equal protection clause, and the Civil Rights Act of 1964, by practicing an affirmative action policy that resulted in the repeated rejection of Bakke's application for admission to its medical school?

Decision: 5 votes for Bakke, 4 vote(s) against
Legal provision: Equal Protection

Split Vote

No and yes. There was no single majority opinion. Four of the justices contended that any racial quota system supported by government violated the Civil Rights Act of 1964. 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. So, the Court managed to minimize white opposition to the goal of equality (by finding for Bakke) while extending gains for racial minorities through affirmative action.

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REGENTS OF THE UNIVERSITY OF CALIFORNIA v. BAKKE. The Oyez Project at IIT Chicago-Kent College of Law. 18 April 2015. <>.
REGENTS OF THE UNIVERSITY OF CALIFORNIA v. BAKKE, The Oyez Project at IIT Chicago-Kent College of Law, (last visited April 18, 2015).
"REGENTS OF THE UNIVERSITY OF CALIFORNIA v. BAKKE," The Oyez Project at IIT Chicago-Kent College of Law, accessed April 18, 2015,