Reverse Discrimation

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Court of California. It was ruled that "the admissions program
violated his rights under the Equal Protection Clause of the 14th
Amendment"1 The clause reads as follows:

"...No state shall make or enforce any law which shall abridge the
privileges or immunities of citizens of the United States; nor without due
process of the law; nor deny to any person within its jurisdiction the
equal protection of the laws."2
The court ruled that race could not be a factor in admissions.
However, they did not force the admittance of Bakke because the court could
not know if he would have been admitted if the special admissions program
for minorities did not exist . Bakke disagreed with the court on this
issue and he brought it before the California Supreme Court.

The California Supreme Court held that it was the University's
burden to prove that Bakke would not have been admitted if the special
program was not in effect. The school could not meet this requirement, ...

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have to work along side someone
different from themselves. Hopefully, minorities in professional areas
would return to their minority community and be seen as a role model for
minority youth while benef itting the entire community as well. The final
argument for the special admissions program is that advantage should not be
associated with race, i.e. because one is of the Caucasian majority he/she
should not have more advantages and likewise becaus e one is of a minority
he/she should not be disadvantaged.

The arguments against the special admissions program were based
upon the fact that the Constitution was intended to overlook race and
ethnicity in public authority and ...

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