Unbeknownst to many, the Bakke case
was not the first decision on race-based admissions policies in higher learning institutions to reach the Supreme Court.
Victor Goode is a law professor at CUNY Law School and was director of the National Conference of Black Lawyers when they filed an amicus brief in the Bakke case
Modern liberals celebrate the statement of Justice Harry Blackmun, in the infamous Bakke case
on college admissions, that "in order to get beyond racism, we must first take account of race" - even though it is self-evidently moronic.
This is indeed a sort of "story line" and the Bakke case
was an early, influential instance of that sort of tale telling.
In its decision, the regents cited concerns about the quality of students admitted under affirmative action programs, a fixture in higher education since the Supreme Court's landmark 1978 Bakke case
, which originated at the Davis medical school.
reject the gains made in the Bakke case
, which holds that race can be considered among a number of factors in affirmative-action programs; and
The 1978 Bakke case
resulted in a 4-to-4 split on the court with one justice casting the deciding vote, which has influenced affirmative action litigation for a quarter century.
Take the issue of affirmative action: Since 1978, when the Bakke case
involving the University of California's decision to set aside 16 out of 100 places for minorities at the Davis School of Medicine was decided, conservatives have voted to strike down virtually every affirmative action plan to come before the court, regardless of whether the plan was adopted by state or federal legislators or officials.
But because the court didn't issue a ruling of its own, it left no nationwide guidance on the current validity of its 1978 conclusion in the landmark Bakke case
that colleges could consider race as one of many factors in an effort to obtain a diverse student body.