[61] This figure was computed from data contained in Census, supra n. 49, pt. Terms. See DeFunis v. Odegaard, 416 U. S. 312, 343 (1974) (Douglas, J., dissenting).
[28] See, e. g., Skinner v. Oklahoma ex rel. V). v. Corsi, 326 U. S. 88, 94 (1945), to hold that it barred state action to remedy the effects of that discrimination. .
See remarks of Senator Pastore, id., at 7057, 7062; Senator Clark, id., at 5243; Senator Allott, id., at 12675, 12677. Chambers v. Omaha Public School District, 536 F. 2d 222, 225 n. 2 (CA8 1976) (indicating doubt over whether a money judgment can be obtained under Title VI). Special Admissions Program 26188 (1977). That the Harvard approach does not also make public the extent of the preference and the precise workings of the system while the Davis program employs a specific, openly stated number, does not condemn the latter plan for purposes of Fourteenth Amendment adjudication. . Accordingly, we turn to the problem of articulating what our role should be in reviewing state action that expressly classifies by race. [29] Tussman & tenBroek, The Equal Protection of the Laws, 37 Calif. L. Rev.
The file of a particular black applicant may be examined for his potential contribution to diversity without the factor of race being decisive when compared, for example, with that of an applicant identified as an Italian-American if the latter is thought to exhibit qualities more likely to promote beneficial educational pluralism.
Over the past 30 years, this Court has embarked upon the crucial mission of interpreting the Equal Protection Clause with the view of assuring to all persons "the protection of *294 equal laws," Yick Wo, supra, at 369, in a Nation confronting a legacy of slavery and racial discrimination. Several amici imply that these discussions render Bakke's suit "collusive." [7] The more important the issue, the more force *412 there is to this doctrine. [7] Section 601 of Title VI provides: See Teamsters v. United States, 431 U. S. 324 (1977). Once the artificial line of a "two-class theory" of the Fourteenth Amendment is put aside, the difficulties entailed in varying the level of judicial review according to a perceived "preferred" status of a particular racial or ethnic minority are intractable. [47] By 1970, the gap between the proportion of Negroes in medicine and their proportion in the population had widened: The number of Negroes employed in medicine remained frozen at 2.2%[48] while the Negro population had increased to 11.1%.
The notion that a private action seeking injunctive or declaratory judgment relief is inconsistent with a federal statute that authorizes termination of funds has clearly been rejected by this Court in prior cases. In sum, a remand would result in fictitious recasting of past conduct. Specific definitions were undesirable, in the views of the legislation's principal backers, because Title VI's standard was that of the Constitution and one that could and should be administratively and judicially applied. In order to get beyond racism, we must first take account of race. 6544 (1964) (Sen. Humphrey). (1970 ed. Petitioner has failed to carry this burden. Bakke v. Regents of University of California - 18 Cal. The first step is easily taken. Section 601, 42 U. S. C. 2000d, imposed the proscription that no person, on the grounds of race, color, or national origin, was to be excluded from or discriminated against under any program or activity receiving federal financial assistance. [13] to the accomplishment' of its purpose or the safeguarding of its interest." Accord, Missouri ex rel.
[2] "Yet, before that principle [that `Federal funds are not to be used to support racial discrimination'] is implemented to the detriment of any person, agency, or State, regulations giving notice of what conduct is required must be drawn up by the agency administering the program. When the Committee on Admissions reviews the large middle group of applicants who are "admissible" and deemed capable of doing good work in their courses, the race of an applicant may tip the balance in his favor just as geographic origin or a life spent on a farm may tip the balance in other candidates' cases. [37]*298 Moreover, there are serious problems of justice connected with the idea of preference itself. Thus, it appears that economically disadvantaged whites do not score less well than economically advantaged whites, while economically advantaged blacks score less well than do disadvantaged whites. See Allen v. State Bd. [18] As a distillation of what the supporters of the Act believed the Constitution demanded of State and Federal Governments, 601 has independent force, with language and emphasis in addition to that found in the Constitution. Accordingly, these Members of the Court form a majority of five affirming the judgment of the Supreme Court of California insofar as it holds that respondent Bakke "is entitled to an order that he be admitted to the University." unless such adjudication is unavoidable." [43] Therefore, to the extent that Title VII rests on the Commerce Clause power, our decisions such as Franks and *368 Teamsters v. United States, 431 U. S. 324 (1977), implicitly recognize that the affirmative use of race is consistent with the equal protection component of the Fifth Amendment and therefore with the Fourteenth Amendment. V), see, e. g., Franks v. Bowman Transportation Co., 424 U. S. 747, 772 (1976). [13] See separate opinion of MR. JUSTICE WHITE, post, at 382-383, n. 2. Ante, at 304. will be called upon to bear the immediate, direct costs of benign discrimination." . Nor do any of these statements make nice distinctions between a private cause of action to enjoin discrimination and one to cut off funds, as MR. JUSTICE STEVENS and the three Justices who join his opinion apparently would. [48] The president of Princeton University has described some of the benefits derived from a diverse student body: Id., at 6544 (Sen. Humphrey). In that situation, plaintiff must establish an intent to discriminate. Id., at 171-172. If discriminatory racial impact alone is enough to demonstrate at least a prima facie Title VI violation, it is difficult to believe that the Title would forbid the Medical School from attempting to correct the racially exclusionary effects of its initial admissions policy during the first two years of the School's operation. "[4] Accordingly, the California Supreme Court directed the trial court to enter judgment ordering Bakke's admission. True, the procedure by which disadvantage is detected is informal, but we have never insisted that educators conduct their affairs through adjudicatory proceedings, and such insistence here is misplaced. At least until the early 1970's, apparently only a very small number, less than 2%, of the physicians, attorneys, and medical and law students in the United States were members of what we now refer to as minority groups. .
See infra, at 355-356.
[12] As has already been seen, the proponents of Title VI in the House were motivated by the identical concern. Such programs might well be inadequately justified by the legitimate remedial objectives. Finally, the conclusion that state educational institutions may constitutionally adopt admissions programs designed to avoid exclusion of historically disadvantaged minorities, even when such programs explicitly take race into account, finds direct support in our cases construing congressional legislation designed to overcome the present effects of past discrimination. . The position of the Negro slave as mere property was confirmed by this Court in Dred Scott v. Sandford, 19 How. . . Examination of the voluminous legislative history of Title VI reveals a congressional intent to halt federal funding of entities that violate a prohibition of racial discrimination similar to that of the Constitution.
Kahn v. Shevin, 416 U. S. 351, 357 (1974) (dissenting opinion). For example, the entering classes in 1968 and 1969, the years in which such a standard was used, included only 1 Chicano and 2 Negroes out of the 50 admittees for each year. 1520 (1964) (remarks of Rep. Celler); id., at 5864 (remarks of Sen. Humphrey); id., at 6561 (remarks of Sen. Kuchel); id., at 7055 (remarks of Sen. Pastore).
But there is no basis for preferring a particular preference program simply because in achieving the same goals that the Davis Medical School is pursuing, it proceeds in a manner that is not immediately apparent to the public. . The Committee might conclude that the population of Washington is now 2% Japanese, and that Japanese also constitute 2% of the Bar, but that had they not been handicapped by a history of discrimination, Japanese would now constitute 5% of the Bar, or 20%. 1, 60-63 (1955). 18 Cal. Record 195. for the protection of slavery and the rights of the masters of fugitive slaves," 109 U. S., at 53 (Harlan, J., dissenting), we would not need now to permit the recognition of any "special wards." [27] More significantly, the Court has required that preferences be given by employers to members of racial minorities as a remedy for past violations of Title VII, even where there has been no finding that the employer has acted with a discriminatory intent. We see it in veterans' preferences. These individuals are likely to find little comfort in the notion that the deprivation they are asked to endure is merely the price of membership in the dominant majority and that its imposition is inspired by the supposedly benign purpose of aiding others. "Once having become effective, there is still a long road to travel before any sanction whatsoever is imposed. The belief that diversity adds an essential ingredient to the educational process has long been a tenet of Harvard College admissions. See United Jewish Organizations v. Carey, 430 U. S., at 172-173 (BRENNAN, J., concurring in part). 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. The Court held in a closely divided decision that race could be one of the factors, considered in choosing a diverse student body in university admissions decisions.
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