The regents of the university of california v bakke case

Document Type:Dissertation

Subject Area:Law

Document 1

He tried again in vain and decided to sue the University of California under their affirmative action program. The court case divided the Supreme Court with six opinions being delivered in concern with the filed suit and referencing back to the provisions of the United States. However, the final judgment of the court was delivered by Justice Lewis F. Powell Jr. the case was a test towards the proposed affirmative action as well as the United States Constitution provided by its equality and non-discriminatory provision for the citizens of the United States. It was provided that the university went against the provisions of the constitution on Equal Protection Clause that forbids a state from denying any person within its jurisdiction the equal protection of the laws.

Sign up to view the full document!

The clauses implied the need for the equal opportunity to all people within the boundaries of the state and help integrate the population in a uniform manner. I agreed with this ruling based on that equality mandate provided on the ruling. Powell reading the ruling confined that the medical school racially discriminated against the whites due to exclusion of the white from the 16 out of 100 spots solely due to the virtue of their white race. The judgment continued to opine that there was no justification of using past historical racial injustice of black people in this attitude to discriminate against the whites as the real essence of the equality clause was to achieve what was not there in the past. No reports for racial discrimination in the school’s history and hence no need for the school desegregation cases that required remedy.

Sign up to view the full document!

Whenever there is a proposal to offer a remedy program or action in any institution, it is or has to be directed by the presence of a past action or occurrence. It is always known that in the past years of the United States, there were issues and incidences of discrimination as well as even present today in several regions of the country. That is, however, an outside affair that has no direct involvement with the university and its mandate to manage a fair and non-discriminatory environment for its students. I agree with the ruling provided that since there has been no historical case reported within the institution about the discrimination of the minority group by the majority, there is no need for a remedy action that focused to bar Bakke out of the institution and enroll for his studies.

Sign up to view the full document!

The past history of whites discriminating the Blacks cannot be justified and do not have any reasonable exp0lanation as to why it took place as we are all brothers and sisters of the same nation. However, that being past history there is no substantiated reason also calling for revenge as the best approach to address those injustices. The application of having revenge in such instances as discriminating Bakke from joining the institution does not bring any sense or resonate answer to those unjust events of the past. Therefore, it was right for the Supreme Court majority ruling to allow Bakke to be admitted in the school and not provide for a reason to revenge what has been done by the whites towards the minority groups and especially the Black community.

Sign up to view the full document!

From $10 to earn access

Only on Studyloop

Original template