Thursday, March 21, 2019
Reverse Discrimination: The Case of Allan Bakke Essay -- History Race
Reverse favoritism In 1973 a thirty-three year-old Caucasian male named Allan Bakke applied to and was denied admission charge to the University of California Medical School at Davis. In 1974 he filed some other(a) application and was once again rejected, even though his test gobs were considerably higher than various minorities that were admitted under a peculiar(prenominal) program. This especial(a) program specified that 16 out of 100 possible spaces for the students in the medical program were set aside solely for minorities, while the other 84 slots were for anyone who qualified, including minorities. What happened to Bakke is known as reverse discrimination. Bakke felt his rejections to be violations of the contactize security Clause of the 14th amendment, so he took the University of California Regents to the A-one apostrophize of California. It was ruled that the admissions program violated his rights under the Equal Protection Clause of the 14th Amendment1 The cl ause reads as follows...No state shall stimulate or en gouge any law which shall abridge the privileges or immunities of citizens of the fall in States nor without due process of the law nor deny to any person at heart its jurisdiction the equal protection of the laws.2 The court ruled that backwash could not be a factor in admissions. However, they did not force the admittance of Bakke because the court could not know if he would have been admitted if the special admissions program for minorities did not exist. Bakke disagreed with the court on this issue and he brought it onward the California Supreme Court.The California Supreme Court held that it was the Universitys burden to build that Bakke would not have been admitted if the special program was not in effect. The tutor could not meet this requirement, and Bakke was admitted by court orde r. However, the University appealed to the Supreme Court for certiorari, which was granted, and the order to admit Bakke was suspend ed pending thCourts decision.3 The Issues and Arguments for Each SideBakke was the nigh significant civil rights case to reach the United States Supreme Court since Brown v. Board the Education of Topeka, Kansas.4 The special admissions program at Davis tried to further integrate the higher education system because moreover removing the barriers, as the Brown case did, did not always work. In short, Bakke was doubting how far the Universi... ...erm, the Supreme Court will turn towards desegregation and positive Action. The Freeman v. Pitts case is another recent case dealing with whether bussing is belt up needed to curb past discrimination.Another case that the court has accepted for this edge will examine whether colleges should eliminate racial preference systems in admissions or whether quotas are still needed to further curtail the use of optimistic action. The name of this case and the specific facts, however, were unavailable at this time.9 Obviously affirmatory act ion and reverse discrimination are still heavily debated issues. This is because they doctor all people of all races and ethnicities. Conclusion Allan Bakke was denied his fourteenth amendment right to equal protection of the laws. In addition the University of California at Davis violated designation IV of the 1964 Civil Rights Act. By order of the Supreme Court Bakke was admitted and th e numerical quotas of the special admissions program were deemed unconstitutional. Justice was served to Bakke, but futurity generations who are not minorities may be plagued by the other one-half of the decision That race may still be used as a plus on an application.
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