In 1978, the United States Supreme Court found in Regents of the University of California v. Bakke - a very close decision - that a program which set quotas for higher education admissions would be considered to involve reverse discrimination. ... But by the time of the Justices' conference on the decision, Justice Powell was moving towards some compromise, one in favor of diversity. ... Based on Bakke, any classification, such as a minority set-aside or benign or remedial quota, based on race - whether to benefit a majority or minority - had to be reviewed by a strict scrutiny test, and therefore, the classification must be justified by a compelling state interest and narrowly tailored to achieve those ends. ... The unhappy persistence of both the practice and the lingering effects of racial discrimination against minority groups in this country is an unfortunate reality, and government is not disqualified from acting in response to it... . When race-based action is necessary to further a compelling interest, such action is within constitutional constraints if it satisfies the "narrow tailoring" test this Court has set out in previous cases. ... They argued that other minority groups have been successful despite overt discrimination and without the aid of affirmative action programs. ... '" She sets a goal of twenty-five years from 2003 as the termination point.
- admissions,
- Regents of the University of California,
- Bakke