Perhaps more importantly, the Act also authorizes the funding of Minority Centers for Graduate Education. The resolution of these same questions in the context of racial and ethnic preferences presents far more complex and intractable problems than gender-based classifications. Board of Examiners 2d Cir. Under the regular admissions procedure, a candidate could submit his application to the Medical School beginning in July of the year preceding the academic year for which admission was sought. Alevy suggests that the burden of showing that the state's interest cannot be met by less intrusive means remains with the discriminator -- an approach consistent with that which we adopt here.
See remarks of Senator Humphrey id. First, it may not always be clear that a so-called preference is, in fact, benign. Savannah Sugar Refining Corporation 5th Cir. Such qualities could include exceptional personal talents, unique work or service experience, leadership potential, maturity, demonstrated compassion, a history of overcoming disadvantage, ability to communicate with the poor, or other qualifications deemed important. Certainly, on the basis of the undisputed factual submissions before this Court, Davis had a sound basis for believing that the problem of underrepresentation of minorities was substantial and chronic, and that the problem was attributable to handicaps imposed on minority applicants by past and present racial discrimination.
Nonetheless, under the constitutional approach applied by the majority in the instant case, such a normal tool of desegregation would apparently be unconstitutional. Board of Education, 355 F. There is no question that Davis' program is valid under this test. We thus recognized the permissibility of remedying past societal discrimination through the use of otherwise disfavored classifications. The simple reality revealed by these examples is that in many circumstances any remedy for the inequities flowing from past discrimination will inevitably result in some detriment to nonminorities.
Cleveland Museum of Art, 426 F. Javits ; 5253, 5863-5864, 13442 remarks of Sen. The concern of the speakers was far removed from the incidental injuries which may be inflicted upon nonminorities by the use of racial preferences. Having injured respondent solely on the basis of an unlawful classification, petitioner cannot now hypothesize that it might have employed lawful means of achieving the same result. Petitioner did not arrange for respondent to attend a different medical school in order to desegregate Davis Medical School; instead, it denied him admission, and may have deprived him altogether of a medical education. It prefers the designated minority groups at the expense of other individuals who are totally foreclosed from competition for the 16 special admissions seats in every Medical School class.
In an analysis by Paul Burka, the writer states that there are two reasons why some form of affirmative action could survive: 1 The decision is too broad and was based on the belief of two of the judges that the 1978 Bakke case which allowed race to be a factor in college admissions only to remedy past discrimination or to achieve diversity is not the law… Works Cited Bresler, Robert J. A If petitioner's purpose is to assure within its student body some specified percentage of a particular group merely because of its race or ethnic origin, such a preferential purpose must be rejected not as insubstantial, but as facially invalid. There is no opinion of the Court supported by a majority and accordingly other justices will state their dissenting and concurring opinions in due course, following that. The very difference of opinion among fairminded and responsible educators and scholars suggests that policy decisions in this area should be left to the discretion of individual educational institutions. Wood, Wire and Metal Lath. Painter, 1950 ; McLaurin v.
The University does not challenge the trial court's finding that applicants who are not members of a minority are barred from participation in the special admission program. The applicants and the Bush administration argued that giving points for race amounted to a quota, while the university contended that race was just one factor in promoting a diverse student body. The majority appear to suggest, however, that the medical school was not free to implement benign racial classifications because there is no evidence that the medical school had itself engaged in racial discrimination in the past. That freedom is therefore a special concern of the First Amendment. In such a case, the extent of the injury and the consequent remedy will have been judicially, legislatively, or administratively defined.
Pastore ; 5606-5607 remarks of Sen. Following each interview, the special committee assigned each special applicant a benchmark score. Petitioner simply has not carried its burden of demonstrating that it must prefer members of particular ethnic groups over all other individuals in order to promote better health care delivery to deprived citizens. The school desegregation cases are inapposite. We granted certiorari to consider the important constitutional issue. Congress clearly has power to legislate so as to insure that the Federal Government does not become involved in a violation of the Constitution.
Powell suggested that more flexible affirmative action programs may yet be constitutional, as long as a more holistic judgment of the students was made and race was considered as a beneficial factor contributing to the goal of diversity, as opposed to a necessary quota to fill. Painter, , and allowed imposition of a 'zero' allocation. . MacGregor ; 13821 remarks of Sen. That time, however, was short-lived.
Rejecting the concerns of the President and the bill's opponents, Congress overrode the President's second veto. Affirmative action is supported on the basis that it is the only way to make up for the discrimination of the past, and some may even openly state that there is a degree of punishment of white society for past wrongs. The freedom of a university to make its own judgments as to education includes the selection of its student body. Financial aid is available to students in the form of scholarships and loans. The reversed the trial court, but the order was stayed, and DeFunis remained in school. The cost of medical educational facilities is enormous; absolutely nothing suggests that the necessary financial commitment for increased facilities will be forthcoming in the foreseeable future.
Observers of varied persuasion have demonstrated an ambivalence regarding the lawfulness and social desirability of preferential admission policies. As a wise graduate of ours observed in commenting on this aspect of the educational process, 'People do not learn very much when they are surrounded only by the likes of themselves. It protected rights by ending quotas but allowing race be an admissions factor. What constitutes unequal or unfair treatment? Congress and the Executive have their responsibilities to uphold the Constitution also. For it must be remembered that, during most of the past 200 years, the Constitution, as interpreted by this Court, did not prohibit the most ingenious and pervasive forms of discrimination against the Negro. Reitzes, Negroes and Medicine, pp. Regents of the University of California, 1976.