" . . . Race or ethnic background may be deemed a "plus" in a particular applicant's file, yet it does not insulate the individual from comparison with all other candidates for the available seats." — Justice Powell, Speaking for the Court

In the early 1970s, the medical school of the University of California at Davis devised a dual admissions program to increase representation of disadvantaged minority students. Allan Bakke was a white male who applied to and was rejected from the regular admissions program, while minority applicants with lower grade point averages and testing scores were admitted under the specialty admissions program. Bakke filed suit, alleging that this admissions system violated the Equal Protection Clause and excluded him on the basis of race. The Supreme Court found for Bakke against the rigid use of racial quotas, but also established that race was a permissible criteria among several others.

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About the materials

These materials were developed for students of various skill levels, and teachers should choose the level that works best for their students.  Answers to the background questions, vocabulary, and activities can be found in the FOR TEACHERS ONLY tab under each case.

Background summary and questions to consider (by reading level)

• •••
• ••
• •

Important vocabulary (by reading level)

• •••/•• 
• •

Legal Concepts

• Equal Protection

Other useful background information

• Diagram of how the case moved through the court system

Activities*

The Case

• You Decide: Who Should Be Admitted? 
  
• Classifying Arguments in the Case
  
• A Comparison of the University of California at Davis' Admissions System
  to That of Harvard
• Understanding the Decision (•)
  

After the Case

• The Court Revisits Bakke 25 Years Later: The Michigan Affirmative Action Cases
  
• Drawing Mixed Reactions: Political Cartoons in Response to the Michigan Affirmative Action Cases

* Answers to the background questions, vocabulary, and activities can be found in the FOR TEACHERS ONLY tab under each case.

Teaching strategies used

• Classifying Arguments
• Scored Discussion
• Political Cartoon Analysis

Planning time and activities

If you have one day . . .

• As an introduction to the case, have the students complete •) and answer the questions.
  
  
• For homework, have students read the Key Excerpts of the Majority Opinion and answer the accompanying questions.

If you have two days . . .

• Complete all activities for the first day.
• On the second day, briefly discuss students' responses to the homework questions.
• Have students complete Comparing UC's admissions to Harvard's.
  

If you have three days . . .

• Complete all activities suggested for the first and second days.
• Have students complete Drawing Mixed Reactions: Political Cartoons in Response to the Michigan Affirmative Action Cases.
  

If you have four days . . .

• Complete all of the activities suggested for the first, second and third days.
  
• Have students read and react to the following selection: An Ode to Justice Lewis F. Powell, Jr.: The Supreme Court Approves The Consideration of Race as a Factor in Admissions by Public Institutions of Higher Education (from Duke Law's Supreme Court Online).
  
• In a follow-up discussion, focus on the following: "Justice O'Connor expressed the hope that twenty-five years from now race-conscious admissions will not be necessary." Do you agree or disagree?
  
• Explain to students that although the Michigan affirmative action cases held that certain forms of affirmative action policies are permissible under the Fourteenth Amendment, the Constitution does not compel the use of race as a factor in admissions to promote diversity. Prior to the Michigan cases, several states had moved toward race-neutral admissions policies. Have students examine the article The Race Neutral Admissions Race (from the LA Times) and consider reasons for the problems that race neutral policies have encountered. Ask students: Are there alternatives to affirmative action admissions policies that may promote diversity in higher education? If so, what are they?

• Key excerpts from the opinion
• Summary of the decision
• Full text of the opinion (external link)

Recommended resources

• Listen to the oral arguments (Oyez)
• Background Information on Affirmative Action (Affirmative Action and Diversity Project)
• Race Neutral Admissions Race (from the AAD Project)
• Split Decision on Affirmative Action (MSNBC)
• An Ode to Justice Lewis F. Powell, Jr.: The Supreme Court Approves the Consideration if Race as a Factor in Admissions by Public Institutions of Higher Education (Duke Law)

For Teachers Only