University of California Regents v. Bakke, 438 US 265 - Supreme Court 1978

The appellants do not argue in this appeal, nor could it be seriously contended given the numerous judicial determinations on the issue, that affirmative action plans are per se illegal

"In view of the clear legislative intent, Title VI must be held to proscribe only those racial classifications that would violate the Equal Protection Clause or the Fifth Amendment." ___ US at ___, 98 S. Ct. at 2747 (Powell, J.).

There was no requirement that Appellants in this case show that they would actually have raised more money if the cap were struck down.

In that case, an unsuccessful white applicant to the University of California at Davis Medical School challenged the school's admissions program, which consisted of a regular admissions system for non-minority applicants and a special admissions system strictly for minorities.

Justice BRENNAN, Justice WHITE, Justice MARSHALL, and Justice BLACKMUN joined Part VC of Justice POWELL'S opinion, which stated: "In enjoining petitioner from ever considering the race of any applicant, however, the courts below failed to recognize that the State has a substantial interest that legitimately may be served by a properly devised admissions …

The guarantee of equal protection cannot mean one thing when applied to one individual and something else when applied to a person of another color

"[T] he attainment of a diverse student body.... clearly is a constitutionally permissible goal for an institution of higher education,"

In light of the sorry history of discrimination and its devastating impact on the lives of Negroes, bringing the Negro into the mainstream of American life should be a state interest of the highest order

"Preferring members of one group for no reason other than race or ethnic origin is discrimination for its own sake," and is forbidden by the Constitution.

—we need not view the action with the typically fatal skepticism that we have used to strike down the most pernicious forms of state behavior.