12/1/2023 0 Comments Bakke decision![]() ![]() Critics noticed that the admission of Asian students remained suspiciously similar from year to year, between 18 and 20 percent. With a higher percentage of top Asian American students, universities have been accused of creating an effective ceiling on Aisian American admissions to favor other groups.Īt Harvard, admissions officials allegedly used a “personal” rating to achieve a constructive quota. In a reflection of our changing demographics, the court will focus on discrimination directed against Asian applicants, not a white applicant like Bakke. The recently minted 6-3 majority on the court could lose a conservative justice and still have the votes to brush aside nuance for clarity on the issue. President & Fellows of Harvard College and Students for Fair Admissions v. There is reason to believe universities may have run out of time and patience from the court as it considers two challenges, Students for Fair Admissions v. Now, the court - and likely another crowd - will gather again to consider the issue, including a review of Harvard’s current admissions plan. That extremely nuanced decision would be replicated in decades of later precedent in which the court never seemed able to establish a clear rule on the use of race-based criteria.įor almost five decades, the court has struggled with the uncertainty left by Bakke. Instead, he cited Harvard University’s admissions policy as an example of how race can be one of a number of diversity elements. ![]() stopped short of barring the use of race in admissions. Yet, in his plurality decision, then-Justice Lewis F. In Bakke, the court ruled against affirmative action in a fractured decision.
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