However, both the Senator from Connecticut and I are grateful that our other suggestions were adopted by the Justice Department. It is far too late to argue that the guarantee of equal protection to all persons permits the recognition of special wards entitled to a degree of protection greater than that accorded others. Oklahoma State Regents, 339 U. The individual States likewise established the machinery to protect the system of slavery through the promulgation of the Slave Codes, which were designed primarily to defend the property interest of the owner in his slave. We must, therefore, seek whatever aid is available in determining the precise meaning of the statute before us. In addition to the enactment of the 10% quota provision discussed supra, Congress has also passed other Acts mandating race-conscious measures to overcome disadvantages experienced by racial minorities. Disadvantaged applicants of all races must be eligible for sympathetic consideration, and no applicant may be rejected because of his race in favor of another who is less qualified, as measured by standards applied without regard to race.
The California court accepted the findings of the trial court with respect to the University's program. The fatal flaw in petitioner's preferential program is its disregard of individual rights as guaranteed by the Fourteenth Amendment. Donohue ; 2467-2468 remarks of Rep. The justices' decision may also have an impact upon the constitutionality of outreach programs, which aim to increase the numbers of minority students who apply for admission. In short, an admissions program operated in this way is flexible enough to consider all pertinent elements of diversity in light of the particular qualifications of each applicant, and to place them on the same footing for consideration, although not necessarily according them the same weight.
A farm boy from Idaho can bring something to Harvard College that a Bostonian cannot offer. The vast resources that apparently would be required simply are not available. First, it may not always be clear that a so-called preference is in fact benign. This case was decided by the Court in 2014 with a unanimous decision for Riley. Petitioner also cites Lau v.
It was aware that there were many federally funded programs and institutions which discriminated against minorities in a manner inconsistent with the standards of the Fifth and Fourteenth Amendments, but whose activities might not involve sufficient state or federal action so as to be in violation of these Amendments. The trial court found that the special program operated as a racial quota, because minority applicants in that program were rated only against one another, and 16 places in the class of 100 were reserved for them. Keller argues that the university violated his First Amendment rights by attempting to restrict his expression of disfavored views. Neither the parties nor the amici challenge the validity of the statistics alluded to in our discussion. The guarantee of equal protection cannot mean one thing when applied to one individual and something else when applied to a person of another color. Only those who have been cut off can go to court and present their claim.
I'm looking for some help or advice on how to put this back to being a decent page worth visiting. His qualifications would have been weighed fairly and competitively, and he would have no basis to complain of unequal treatment under the Fourteenth Amendment. Petitioner has failed to carry this burden. This was not included in the bill. Bakke, who is white, contended the university violated his 14th Amendment rights by saving 16 slots in a class of 100 for students of color. The Regents of the University of California v. Moreover, it is clear from our cases that there are limits beyond which majorities may not go when they classify on the basis of immutable characteristics.
Murgia, , 1976 age ; San Antonio Independent School Dist. For the class entering in 1973, the total number of special applicants was 297, of whom 73 were white. Nor, obviously, will the problem be solved if, next year, the Law School included only Japanese and Chinese, for then Norwegians and Swedes, Poles and Italians, Puerto Ricans and Hungarians, and all other groups which form this diverse Nation would have just complaints. At that time, four special admission slots were still unfilled. Board of Education, supra, 347 U. In its petition for rehearing below, however, the University conceded its inability to carry that burden.
Other strong proponents of the legislation in the Senate repeatedly expressed their intent to assure that federal funds would only be spent in accordance with constitutional standards. Secretary of Labor, 442 F. Hence, the constitutional requirements of Art. Supreme Court stay the order requiring Bakke's admission pending its filing a petition asking for review. S, but the University of Southern California is the college to attend for various reasons. To hold otherwise would be to convert a remedy heretofore reserved for violations of legal rights into a privilege that all institutions throughout the Nation could grant at their pleasure to whatever groups are perceived as victims of societal discrimination. The effectiveness of our students' educational experience has seemed to the Committee to be affected as importantly by a wide variety of interests, talents, backgrounds and career goals as it is by a fine faculty and our libraries, laboratories and housing arrangements.
Virginia, supra, at -12; Reitman v. Moreover, there are serious problems of justice connected with the idea of preference itself. Harvard College now recruits not only Californians or Louisianans but also blacks and Chicanos and other minority students. Lowrey to whom he had written in protest of the special admissions program. Moreover, the Department's regulatory policy is not one that has gone unnoticed by Congress. Courts may be asked to validate burdens imposed upon individual members of a particular group in order to advance the group's general interest. When a classification denies an individual opportunities or benefits enjoyed by others solely because of his race or ethnic background, it must be regarded as suspect.