Id., at 49, 553 P.2d, at 1162-1163. Congress recently took just this kind of action when it considered an amendment to the Departments of Labor and Health, Education, and Welfare appropriation bill for 1978, which would have restricted significantly the remedial use of race in programs funded by the appropriation. He voted in favor of Allan Bakke because he believed that race could be a factor, however, it could not be the determining factor. That Negroes were deliberately excluded from public graduate and professional schools – and thereby denied the opportunity to become doctors, lawyers, engineers, and the like – is also well established. Cross-defendant Allan Bakke have judgment against cross-complainant, the Regents of the University of California, declaring that the special admissions program at the University of California at Davis Medical School violates the Fourteenth Amendment to the United States Constitution, Article 1, Section 21 of the California Constitution, and the Federal Civil Rights Act [42 U.S.C. .”); both Acts were drafted with broad remedial purposes in mind; and the effectiveness of both Acts would be “severely hampered” without the existence of a private remedy to supplement administrative procedures.
When a classification denies an individual opportunities or benefits enjoyed by others solely because of his race or ethnic background, it must be regarded as suspect. See, e. g., Heat & Frost Insulators & Asbestos Workers v. Vogler, 407 F.2d 1047 (CA5 1969); United States v. Electrical Workers, 428 F.2d 144, 149-150 (CA6), cert. Hence, respondent is entitled to the injunction, and that portion of the judgment must be affirmed [54]. That time, however, was short-lived. Our allusion to the proportional percentage of minorities in the population of the State administering the program is not intended to establish either that figure or that population universe as a constitutional benchmark. See also Plessy v. Ferguson, 163 U.S. 537 (1896). It suffices to say that “[o]ver the years, this Court has consistently repudiated `[d]istinctions between citizens solely because of their ancestry’ as being `odious to a free people whose institutions are founded upon the doctrine of equality. Section 2000d-5 provides that “for the purpose of determining whether a local educational agency is in compliance with [Title VI], compliance by such agency with a final order or judgment of a Federal court for the desegregation of the school or school system operated by such agency shall be deemed to be compliance with [Title VI], insofar as the matters covered in the order or judgment are concerned.” This provision was clearly intended to avoid subjecting local educational agencies simultaneously to the jurisdiction of the federal courts and the federal administrative agencies in connection with the imposition of remedial measures designed to end school segregation. Petitioner does not purport to have made, and is in no position to make, such findings. To fail to do so is to ensure that America will forever remain a divided society.
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