Bakke v. Regents of University of California

TOBRINER, J., Dissenting.

In 1969 the medical school of the University of California at Davis confronted the reality that reliance upon its traditional admission criteria had led if to become a nearly all-white, segregated institution. In response, the medical school voluntarily adopted the “special admission” program at issue in this case to overcome the exclusionary effect of its past policies and to achieve an integrated student body composed of qualified students of all races and ethnic groups.

The Davis medical school, of course, was not alone in perceiving and acting to ameliorate the…