At the University of California’ s medical facility, a great effort was made to increase the numbers of minority students in its medical school. At its Davis campus, minority enrollment was up from about 3% in 1968 to 16% in 1972. Although praised for such a valiant effort to correct past wrongs, it was reported that minority applicants were being judged on a different and more favorable set of criterion. In some cases, it was said that Blacks with lower test scores, were being admitted, while white with higher scores were being denied admission.
Alan Bakke, a thirty-two year old white male, desired to become a doctor. Bakke had graduated with honors in mechanical engineering and served with distinction in the Vietnam War. After the war ended, Bakke earned his Master’s Degree in engineering from Stanford University, and also took a few pre-med courses. It was in 1972 that Bakke applied to twelve medical schools, including the Davis campus.
Because of his age, Bakke felt that medical schools might be a little reluctant to admit him, but felt his more than adequate grades would compensate for his lack of youth. Much to his surprise and dismay, he was denied admission by all twelve schools. Bakke wrote to the Davis campus’ admissions director requesting a standby position or the opportunity to take courses as a special student. When he did not receive a response from the school, he wrote:
I feel compelled to pursue a further course of action. Applicants chosen to be our doctors should be those presenting the best qualifications, both academic and personal. I am convinced a significant fraction is judged by a separate criterion. I am referring to quotas, open or covert, for racial minorities. I realize the rationale for the quotas is that they attempt to atone for past racial discrimination. But instituting a new racial bias in favor of minorities is not a just solution. In fact, I believe that admissions quotas based on race are illegal. For this reason I am inquiring of friends about the possibility of formally challenging these quotas through the courts. My main reason would be to secure admissions for my self. I consider the goal worth fighting for in every legal or ethical way. (8)
This time Bakke received a response suggesting that he reapply to Davis in the fall of 1974. Bakke reapplied, and was once again rejected. He retained a lawyer, Reynold Colvin, who had strong opinions about reverse discrimination, to represent him. At first Colvin tried to get Davis to admit Bakke, but they refused. He then lodged a suit against the university claiming reverse discrimination. The California Supreme court found in favor of Bakke in September of 1976. The court said:
We conclude that the program, as administered by the university, violates the constitutional rights of non-minority applicants, because it affords preference on the basis of race to persons who, by the university’s own standards, are not as qualified for the study of medicine as nonminority applicants denied admission. (9)
The University of California appealed to the U.S. Supreme Court. On October 12, 1977, Bakke’s case was heard. The university’s lawyer argued that the quota system was used as a simple way of redressing years of discrimination, while Bakke’s lawyer argued that it was his client who had been discriminated against. The Supreme Court Justices were split on this case. There were four for, four against and one undecided. On June 28,1978, Nine months later, a decision was rendered. The courts found in favor of Bakke. They ruled that Davis’ special admissions program was illegal because the racial quota was invalid. They said that Bakke had to be admitted to the medical school.
As one may see, America has come a long way in its efforts to protect all of its people. It is my hope that the children who use this unit will see that being a multi-racial, and multiethnic society has not been easy. Attitudes toward racial differences have changed for some people. Others possess the mentality of the founding fathers, and adhere to a philosophy of racial superiority. We find some on the receiving end of discrimination to be angry, and accepting of a doctrine of hatred. As these students work together sorting out feelings, and exploring attitudes, I trust that they will conclude that it takes all of us working together, to make America great.
