In addition, as described more below, affirmative action has generated fierce criticism, not only by those who are harmed by it, but also by individual African-Americans who have benefited from it, and the questions regarding its constitutionality are so serious that 50 years after it was first implemented, there remains a serious risk that the Supreme Court will rule that affirmative action is prohibited by the United …show more content…
Bakke, which was decided in 1978. Allan Bakke, a 35 year old white man, sued the University of California Medical School at Davis because the school rejected him twice, but African-American applicants with lesser qualifications were accepted because the school reserved 16 out of its 100 spots for “qualified” minorities. In Regents of the University of California v. Bakke, the Supreme Court held that strict quota systems based on race are unconstitutional and Bakke was admitted to the University. However, the Supreme Court held that it was not unconstitutional for race to be a factor in admission to universities as long “as constitutional limitations protecting individual rights [are] not be