Disparate constitutional tolerance of such classifications well may serve to exacerbate racial and ethnic antagonisms rather than alleviate them. 9, § 9(a).

Nevertheless, petitioner argues that the court below erred in applying strict scrutiny to the special admissions program because white males, such as respondent, are not a "discrete and insular minority" requiring extraordinary protection from the majoritarian political process. v. Corsi, 326 U.S. 88, 94, 65 S.Ct. The order did not include any broad prohibition against any use of race in the admissions process; its terms were clearly limited to the University's consideration of Bakke's application.3 Because the University has since been ordered to admit Bakke paragraph 2 of the trial court's order no longer has any significance.
I add only some general observations that hold particular significance for me, and then a few comments on equal protection. 98, 30 L.Ed.2d 95 (1971) (which also held, 442 F.2d, at 173, that race-conscious affirmative action was permissible under Title VI); Southern Illinois Builders Assn. .

117, 42 U.S.C. Cf. If discriminatory racial impact alone is enough to demonstrate at least a prima facie Title VI violation, it is difficult to believe hat 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. The same theoretical, philosophical, social, legal, and constitutional considerations would necessarily apply to the case if Davis' special admissions program had focused on any lesser number, that is, on 12 or 8 or 4 places or, indeed, on only 1. . 1717, 16 L.Ed.2d 828 (1966); Jones v. Alfred H. Mayer Co., 392 U.S. 409, 88 S.Ct. 1284, 28 L. d.2d 586 (1971). In Norwood v. Harrison, 413 U.S. 455, 93 S.Ct. To the extent that Congress acted pursuant to § 5 of the Fourteenth Amendment, those cases impliedly recognize that Congress was empowered under that provision to accord preferential treatment to victims of past discrimination in order to overcome the effects of segregation, and we see no reason to conclude that the States cannot voluntarily accomplish under § 1 of the Fourteenth Amendment what Congress under § 5 of the Fourteenth Amendment validly may authorize or compel either the States or private persons to do. . Once again, there is no indication that Congress intended to bar the voluntary use of racial preferences to assist minorities to surmount the obstacles imposed by the remnants of past discrimination. A special committee was appointed to administer this admissions policy. 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. Rec.

practice questions in 1L, 2L, & 3L subjects, as well as 16,500+ case and gives them favors that the poor white boy in the North cannot get." 2072 (1945) (Frankfurter, J., concurring).44 We therefore conclude that Davis' goal of admitting minority students disadvantaged by the effects of past discrimination is sufficiently important to justify use of race-conscious admissions criteria. This same principle of individual fairness is embodied in Title VI. E. g., Graham v. Richardson, 403 U.S. 365, 372, 91 S.Ct. We’re not just a study aid for law students; we’re the study aid for law students. McDaniel v. Barresi, supra. Accord, id., at 7065 (remarks of Sen. Keating); 6562 (remarks of Sen. Kuchel). See, e. g., 110 Cong.Rec. See generally Vaas, Title VII: The Legislative History, 7 B.C.Ind. In practice, this new definition of diversity has meant that race has been a factor in some admission decisions. Second, even if Bakke had been unable to prove that he would have been admitted in the absence of the special program, it would not follow that he lacked standing. %%EOF The controversy is between two specific litigants. 680, 553 P.2d 1152, affirmed in part and reversed in part. "); 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. 1817, 1823, 18 L.Ed.2d 1010 (1967); Korematsu v. United States, 323 U.S. 214, 216, 65 S.Ct. § 1657a et seq. 107, p. 7 (1977) (Table 1). 1409, 1419, 91 L.Ed. 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.' 194 (1944); Lee v. Washington, 390 U.S. 333, 334, 88 S.Ct. Although this Court has not yet considered the question, presumably, by analogy to our decisions construing Title VII, a medical school would not be in violation of Title VI under Lau because of the serious underrepresentation of racial minorities in its student body as long as it could demonstrate that its entrance requirements correlated sufficiently with the performance of minority students in medical school and the medical profession.26 It would be inconsistent with Lau and the emphasis of Title VI and the HEW regulations on voluntary action, however, to require that an institution wait to be adjudicated to be in violation of the law before being permitted to voluntarily undertake corrective action based upon a good-faith and reasonable belief that the failure of certain racial minorities to satisfy entrance requirements is not a measure of their ultimate performance as doctors but a result of the lingering effects of past societal discrimination. The Court has never questioned the validity of those pronouncements. According to the Court, the Fourteenth Amendment gave Congress the power to proscribe only discriminatory action by the State. Id., at 164, 166. Nor is there a record revealing that legitimate alternative grounds for the decision existed, as there was in Mt. (emphasis in original). See Allen v. State Bd. See supra, at 344-345, discussing 45 CFR §§ 80.3(b)(6)(ii) and 80.5(j) (1971). The system of slavery brutalized and dehumanized both master and slave.1, The denial of human rights was etched into the American Colonies' first attempts at establishing self-government. .

A. Cox, The Role of the Supreme Court in American Government 114 (1976). In a similar vein,42 petitioner contends that our recent decision in United Jewish Organizations v. Carey, 430 U.S. 144, 97 S.Ct.
Four Members of the Court have undertaken to announce the legal and constitutional effect of this Court's judgment. Singleton v. Wulff, 428 U.S. 106, 121, 96 S.Ct. THE CHIEF JUSTICE and our Brothers STEWART, REHNQUIST, and STEVENS, have concluded that Title VI of the Civil Rights Act of 1964, 78 Stat. His faculty interviewer was, by coincidence, the same Dr. Lowrey to whom he had written in protest of the special admissions program. 764 (1938).1 Furthermore, just as it is inappropriate to address constitutional issues without determining whether statutory grounds urged before us are dispositive, it is at least questionable practice to adjudicate a novel and difficult statutory issue without first considering whether we have jurisdiction to decide it.

Petitioner urges us to adopt for the first time a more restrictive view of the Equal Protection Clause and hold that discrimination against members of the white "majority" cannot be suspect if its purpose can be characterized as "benign. Mr. Justice POWELL announced the judgment of the Court. § 2000b et seq., and Title IV, 42 U.S.C. Section 601 of Title VI, 78 Stat. There were even statutes and ordinances which authorized separate phone booths for Negroes and whites, which required that textbooks used by children of one race be kept separate from those used by the other, and which required that Negro and white prostitutes be kept in separate districts. 573, 50 L.Ed.2d 321 (1976). Id., at 82, 95 S.Ct., at 2090. § 2000d-1, that Congress intended the departments and agencies to define and to refine, by rule or regulation, the general proscription of § 601, subject only to judicial review of agency action in accordance with established procedures. .

914, 88th Cong., 1st Sess., pt. . There is no more indication in the legislative history of Title VII than in that of Title VI that Congress desired to prohibit such affirmative action to the extent that it is permitted by the Constitution, yet judicial decisions as well as subsequent executive and congressional action clearly establish that Title VII does not forbid race-conscious remedial action. 2586, 2605-2609, 49 L.Ed.2d 415 (1976) (WHITE, J., dissenting). 1021, 1035, 51 L.Ed.2d 270 (1977) (STEVENS, J., concurring in judgment). . 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.62 These statistics graphically illustrate that the University's purpose to integrate its classes by compensating for past discrimination could not be achieved by a general preference for the economically disadvantaged or the children of parents of limited education unless such groups were to make up the entire class. A victory for Bakke, but the Supreme Court also ruled that Affirmative Action was constitutional in some circumstances.14 As Bakke became the first Supreme Court case to deliberate Affirmative Action practices, the opinions of the justices became the precedent for the future. 620, and allowed imposition of a 'zero' allocation. (4) There is ample evidence that Congress considered private causes of action to be consistent with, if not essential to, the legislative scheme.

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