Regents of University of California v. Bakke
REGENTS OF the UNIVERSITY OF
Decided June 28, 1978.
judgment in part and dissented in part and filed
White male whose application to state
Mr. Justice Stewart and Mr. Justice Rehnquist
medical school was rejected brought action
challenging legality of the school's special
admissions program under which 16 of the 100
Mr. Justice POWELL announced the
positions in the class were reserved for
judgment of the Court.
"disadvantaged" minority students. School
cross-claimed for declaratory judgment that its
This case presents a challenge to the
program was legal. The trial court declared
special admissions program of the petitioner,
the program illegal but refused to order the
the Medical School of the University of
school to admit the applicant. The California
California at Davis, which is designed to
Supreme Court, 18 Cal.3d 34, 132 Cal.Rptr.
680, 553 P.2d 1152, affirmed the finding that
the program was illegal and ordered the
student admitted and the school sought
certiorari. The Supreme Court, Mr. Justice
Powell, held that: (1) the special admissions
program was illegal, but (2) race may be one
of a number of factors considered by school in
passing on applications, and (3) since the
school could not show that the white applicant
would not have been admitted even in the
absence of the special admissions program, the
applicant was entitled to be admitted.
Affirmed in part and reversed in part.
Mr. Justice Brennan, Mr. Justice White,
Mr. Justice Marshall and Mr. Justice
Blackmun filed an opinion concurring in the
judgment in part and dissenting.
Mr. Justice White filed a separate
Mr. Justice Marshall filed a separate
Mr. Justice Blackmun filed a separate
Mr. Justice Stevens concurred in the
an opinion in which Mr. Chief Justice Burger,
assure the admission of a specified number of
students from certain minority groups. The
Superior Court of California sustained