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19781776 Club

Court strikes UC Davis quota, admits Bakke; race may still factor in admissions

Nine justices, six opinions: the 16-seat reserved program is void, but no majority forms to bar race as one factor among many in college selection.

By 1978, affirmative action in higher education had been tested in courts for years without a definitive ruling — the Supreme Court had dodged the question in 1974 when the plaintiff in DeFunis v. Odegaard graduated before a decision was reached. Allan Bakke, a Marine veteran and NASA engineer who had been twice rejected by UC Davis Medical School while minority applicants with lower scores were admitted through a program reserving 16 of 100 seats, forced the question back onto the Court's docket. On June 28, 1978, nine justices issued six opinions: the quota was struck down, Bakke was admitted, and race-conscious admissions without rigid numbers were allowed to stand…

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More from Cold War America
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Eisenhower orders troops into Little Rock to open Central High's doors

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