Question

You are a Supreme Court justice. A case before you challenges the constitutionality of affirmative action programs for African Americans. You believe the programs are constitutional and that they deserve "strict scrutiny." Which case would you use as a precedent to support your point of view?

1. Adarand Constructors, Inc. v. Peña
2. Miranda v. Arizona
3. United States v. VMI
4. Regents of the University of California v. Bakke

Answer 1

Answer: 4. Regents of the University of California v. Bakke

Explanation:

In June 1978, the Supreme Court declared that affirmative action was legal insofar as racial quotas were not used. The case was brought by a white California man, Allan Bakke who said he had suffered reverse racism as he had higher scores than minority group members but was refused admission because of a University rule that reserved 16% of admission slots for minority groups. The Supreme Court ordered the University to admit Bakkie as using quotas was unconstitutional but also held that race can be used as a valid factor in admissions decisions.

This showed that affirmative action was legal but subject to scrutiny.