Regents of University of California v. Bakke
What could or should have been done to avoid the legal issue?
The purpose of this cross-post is to identify sources of legal decisions.
Was due process violated?
It was a case of reverse discrimination as a white applicant for medical school admission was denied admission in preference to minorities who were classified for a specified number of seats reserved for them. The majority opinion of the U.S. Supreme Court, California Supreme Court and the Lower court consistently declined to uphold the University’s action of reserving seats race wise. The legal issue that arose in the courts was that denial admission to an otherwise eligible applicant violated the Title VII of the Civil Rights Act of 1964 that prohibits discrimination against discrimination against all races on the same terms. The US Supreme Court particularly relied on the broad language of the statutes that protect “any individual” and “all persons” from discrimination. Originally, the Fourteenth Amendment intended to secure the freedom and rights of blacks but the protection extends to other races also. Racial classification such as the one made by the University are discriminatory unless the classification meets the “compelling interest” test. The medical school all along maintained that the white denied of admission was unqualified by virtue of his middle age (ALLAN BAKKE, v. THE REGENTS OF THE UNIVERSITY OF CALIFORNIA, 1976). The legal issues could have been avoided had there been no special quota of seats reserved for the minority. Even if there had been no such reservation, the white applicant could have been still denied admission on the grounds of his age provided there was a maximum age limit condition.
How does this case impact nursing faculty?
This is a medical school and prospective nurses deprived of opportunity will also lose the opportunity to serve in the community they belong to. Because of the decision is in favor of non-blacks, nurses from whites communities which are already fragmented by different sects like Catholics etc, nursing applicants from white communities can hope secure seats without reverse discrimination.
What better practices could have been used by the University and or faculty?
There is no case that institutions receiving federal funds should not have open quota. The University can have self-financing seats in which deserving students could be accommodated supported by scholarships. A grievance procedure for addressing the issues raised by students could also have mitigated the hardships to the students as well as the University.
References
Allan Bakke, V. The Regents Of The University Of California, 18 Cal. 3d 34; 553 P.2d 1152; 132 Cal. Rptr. 680; 1976 Cal. LEXIS 336 (Supreme Court of California …
