Regents of the University of California v. Bakke

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Court Case--May 2014

Regents of the University of California V. Bakke (1978)
Issue Involved:
Reverse Discrimination/The Constitutionality and Limitations of Affirmative Action

Background on Affirmative Action:
Definition of Affirmative Action:
“A set of procedures designed to eliminate unlawful discrimination between applicants, remedy the results of such prior discrimination, and prevent such discrimination in the future.” Cornell University Law School

March 6, 1961: John F. Kennedy signs Executive Order 10925
Sec. 301 (Paragraph 1):
“ . . . [Government] contractor[s] will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, or national origin.”

July 6, 1964: President Lyndon B. Johnson signs The Civil Rights Act, which prohibits racial discrimination and mentions the use of “affirmative action to overcome the effects of prior discrimination.”

June 4, 1965: President Johnson speaks at Harvard University
“You do not take a person who, for years, has been hobbled by chains and liberate him, bring him up to the starting line of a race and then say, "you are free to compete with all the others," and still justly believe that you have been completely fair.”

June 28, 1978: Regents of California V. Bakke.
Allan Bakke applied twice (in 1973 and 1974) to be accepted into the Medical School at the University of California at Davis, but
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