438 U.S. 265, 98 S. Ct. 2733, 57 L. Ed. 2d 750 (1978)
The Medical School of the University of California at Davis opened in 1968 with an entering class of 50 students.1 In 1971 the size of the entering class was increased to 100 students, a level at which it remains.2 The first class contained three Asians but no blacks, no Mexican-Americans, and no American Indians.3 Over the next two years the faculty devised a special admissions program to increase the representation of disadvantaged students in each Medical School class.4 The special program consisted of a separate admissions system operating in coordination with the regular admissions process.5
Under the regular admissions procedure candidates whose overall undergraduate grade point averages fell below 2.5 on a scale of 4.0 were summarily rejected.6 About one out of six applicants was invited for a personal interview.7 Following the interviews each candidate was rated on a scale of 1 to 100 by his interviewers and four other members of the admissions committee.8 The ratings were added together to arrive at each candidate's benchmark score.9 Since five committee members rated each candidate in 1973 a perfect score was 500.10 In 1974 six members rated each candidate so that a perfect score was 600.11 The full committee then reviewed the file and scores of each applicant and made offers of admission on a rolling basis.
The special admissions program operated with a separate committee a majority of whom were members of minority groups.12 Special candidates did not have to meet the 2.5 grade point average cutoff applied to regular applicants.13 The special committee continued to recommend special applicants until a number prescribed by faculty vote were admitted.14 While the overall class size was still 50 the prescribed number was 8.15 In 1973 and 1974 when the class size had doubled to 100 the prescribed number of special admissions also doubled to 16.16 From the year of the increase in class size through 1974 the special program resulted in the admission of 21 black students 30 Mexican-Americans and 12 Asians for a total of 63 minority students.17 Over the same period the regular admissions program produced 1 black 6 Mexican-Americans and 37 Asians for a total of 44 minority students.18 Although disadvantaged whites applied to the special program in large numbers none received an offer of admission through that process.19
Allan Bakke is a white male who applied to the Davis Medical School in both 1973 and 1974.20 Despite a strong benchmark score of 468 out of 500 Bakke was rejected.21 His total was 549 out of 600.22 Again Bakke's application was rejected.23 In both years applicants were admitted under the special program with grade point averages MCAT scores and benchmark scores significantly lower than Bakke's.24
After the second rejection Bakke filed the instant suit in the Superior Court of California.25 He sought mandatory injunctive and declaratory relief compelling his admission to the Medical School.26 He alleged that the Medical School's special admissions program operated to exclude him from the school on the basis of his race in violation of his rights under the Equal Protection Clause of the Fourteenth Amendment Art. I § 21 of the California Constitution and § 601 of Title VI of the Civil Rights Act of 1964 42 U.S.C. § 2000d.27 The trial court found that the special program operated as a racial quota because minority applicants in the special program were rated only against one another and 16 places in the class of 100 were reserved for them.28 The court refused to order Bakke's admission however holding that he had failed to carry his burden of proving that he would have been admitted but for the existence of the special program.29 The California court accepted the findings of the trial court with respect to the University's program.30 On this basis the court initially ordered a remand for the purpose of determining whether under the newly allocated burden of proof Bakke would have been admitted to either the 1973 or the 1974 entering class in the absence of the special admissions program.31 In its petition for rehearing below however the University conceded its inability to carry that burden.32 The California court thereupon amended its opinion to direct that the trial court enter judgment ordering Bakke's admission to the Medical School.33 The Supreme Court granted certiorari to consider the important constitutional issue.34
Whether Title VI of the Civil Rights Act of 1964 creates a private right of action for a rejected medical school applicant?35
The Court assumes without deciding that a private right of action exists under Title VI. The question was neither argued nor decided below and the Court is hesitant to review questions not addressed in the lower courts.
Yes. The Court assumes the existence of a private right of action under Title VI for purposes of this case only.36 The established facts show that Allan Bakke filed suit in the Superior Court of California alleging violations of Title VI after his 1974 rejection from the Davis Medical School and that the University cross-complained for a declaration of compliance.37 The Court notes that the issue was not litigated below and therefore declines to resolve whether respondent has a right of action under Title VI.38
The Court assumes without deciding that a private right of action exists under Title VI for the purposes of this case.39
Whether the University of California at Davis Medical School's special admissions program violates Title VI of the Civil Rights Act of 1964?40
Title VI proscribes only those racial classifications that would violate the Equal Protection Clause or the Fifth Amendment. It incorporates a constitutional standard that prohibits exclusion from participation in federally funded programs on the ground of race.
Yes. The special admissions program violates Title VI.41 The established facts demonstrate that the program reserved sixteen seats in each entering class of one hundred for applicants from specified minority groups who competed only against one another allowing them to bypass the 2.5 GPA cutoff applied to regular applicants and resulting in the admission of minority students with benchmark scores significantly lower than Allan Bakke's scores of 468 out of 500 in 1973 and 549 out of 600 in 1974.42 Because the program excluded Bakke from consideration for those seats solely on the basis of his race it contravenes the statutory prohibition against racial exclusion from federally assisted programs.43
The special admissions program violates Title VI of the Civil Rights Act of 1964.44
Related opinions on this issue
Justice Stevens concludes that the University's special admissions program violated Title VI of the Civil Rights Act of 1964 by excluding Bakke from the Medical School because of his race.45 He emphasizes that the plain language of section 601 prohibits exclusion on the ground of race from any program receiving federal financial assistance and that the legislative history confirms Congress intended a broad colorblind prohibition.46 Stevens notes that the University was receiving federal funds and that the program facially excluded applicants on the basis of race making it unnecessary to reach constitutional questions.47
He would affirm the judgment ordering Bakke admitted on statutory grounds alone.48
Whether the special admissions program violates the Equal Protection Clause of the Fourteenth Amendment?49
Racial and ethnic classifications are inherently suspect and subject to the most exacting judicial scrutiny.50 To justify such a classification a state must show that its purpose is both constitutionally permissible and substantial and that the use of the classification is necessary to the accomplishment of that purpose.51
Yes. The special admissions program violates the Equal Protection Clause of the Fourteenth Amendment.5253 The established facts establish that the program operated as an explicit racial classification by reserving a fixed number of seats exclusively for members of designated minority groups and by rating special applicants separately without comparing them to regular applicants.54 Although the University asserted interests in remedying societal discrimination increasing minority physicians in underserved communities and achieving educational diversity the program was not shown to be necessary to achieve any of those goals because it foreclosed all competition by non-preferred applicants for the reserved seats and because no judicial legislative or administrative findings of constitutional violations supported the classification.55
The program therefore fails strict scrutiny.56
The special admissions program violates the Equal Protection Clause of the Fourteenth Amendment.
Whether the California Supreme Court judgment enjoining any consideration of race in the admissions process must be reversed?57
A properly devised admissions program may consider race and ethnic origin as one factor among many in achieving the compelling interest of a diverse student body provided the program treats each applicant as an individual and does not insulate any group from competition with all other applicants.58
Yes. The portion of the California Supreme Court judgment enjoining any consideration of race must be reversed.59 The established facts show that the University has a substantial interest in obtaining the educational benefits that flow from an ethnically diverse student body and that a program using race as one plus factor in a competitive individualized review process can serve that interest without violating the Fourteenth Amendment.60 The lower court's blanket prohibition therefore sweeps too broadly and must be reversed while the invalidity of the particular quota program is affirmed.61
The portion of the California Supreme Court judgment enjoining any consideration of race in the admissions process must be reversed.62