Bakke v. University of California

Regents of the University of California v. Bakke (1978) was a Supreme Court case holding that strict racial quotas in college admissions violate the Fourteenth Amendment's equal protection clause, but that race may still be considered as one factor among many to promote diversity.

Verified for the 2027 AP US Government examLast updated June 2026

What is Bakke v. University of California?

Bakke is the Supreme Court's first big answer to a hard question. Can the government use race to fix racial inequality without violating the same equal protection clause that was used to fight segregation? Allan Bakke, a white applicant, was rejected twice from UC Davis's medical school, which set aside 16 of its 100 seats specifically for minority applicants. Bakke sued, arguing the quota system denied him equal protection under the Fourteenth Amendment.

The Court split the difference. It struck down the rigid quota (Bakke got admitted), but it also said race can legitimately be one factor in a holistic admissions review because schools have a real interest in building a diverse student body. That "yes to race-conscious admissions, no to quotas" line is exactly what the CED wants you to know. In AP Gov terms, Bakke shows the Court debating whether affirmative action policies are consistent with the equal protection clause (EK under AP Gov 3.13.A), a debate the Court has kept revisiting ever since.

Why Bakke v. University of California matters in AP Gov

Bakke lives in Unit 3 (Civil Liberties and Civil Rights), Topic 3.13 (Affirmative Action) and directly supports learning objective AP Gov 3.13.A, which asks you to describe Supreme Court debates about affirmative action. The CED names Bakke as an illustrative example alongside Milliken v. Bradley (1974), Gratz and Grutter v. Bollinger (2003), and Parents Involved (2007). Bakke is the anchor of that lineup. It set the framework every later case argued inside of. It also ties into the bigger Unit 3 story about the Fourteenth Amendment. The same equal protection clause that powered Brown v. Board of Education is the clause Bakke used to challenge a policy designed to help minorities. That tension, one clause pulled in two directions, is the whole point of Topic 3.13.

How Bakke v. University of California connects across the course

Affirmative Action (Unit 3)

Bakke is the case that defined what affirmative action could legally look like in education. After 1978, schools could consider race, but they couldn't reserve seats by the numbers. Every affirmative action debate in Topic 3.13 builds on this ruling.

Equal Protection Clause (Unit 3)

Both sides in Bakke claimed the Fourteenth Amendment. Bakke said the quota denied him equal protection; the university said the policy advanced equality. The case shows the clause isn't self-explanatory, and the Court has to decide what "equal" means.

Brown v. Board of Education (Unit 3)

Brown used equal protection to dismantle de jure segregation. Bakke asked the follow-up question of whether race-conscious remedies for past discrimination are constitutional. Brown is about ending racial classification; Bakke is about when racial classification can be used to repair harm.

Civil Rights Act of 1964 (Unit 3)

The Civil Rights Act banned discrimination in federally funded programs, and Bakke also raised a Title VI claim under it. The case shows how civil rights statutes and the Constitution can overlap on the same policy question.

Is Bakke v. University of California on the AP Gov exam?

Bakke is a CED illustrative example for AP Gov 3.13.A, so multiple-choice questions can use it as a scenario. Expect stems describing an admissions policy and asking which constitutional provision is at issue (the Fourteenth Amendment's equal protection clause) or what the Court decided (quotas unconstitutional, race as one factor allowed). Bakke is not one of the 15 required Supreme Court cases, so a SCOTUS comparison FRQ won't require it, but it's fair game as the non-required case described in the prompt, often paired against Brown v. Board for an equal protection comparison. The skill you need is precision. Don't say Bakke "banned affirmative action" or "upheld quotas." Say it struck down quotas while permitting race-conscious admissions for diversity.

Bakke v. University of California vs Brown v. Board of Education

Both are Fourteenth Amendment equal protection cases about race and education, which is why they get mixed up. Brown (1954) struck down de jure segregation, government policies that separated students by race to exclude them. Bakke (1978) dealt with affirmative action, a policy using race to include underrepresented groups. Brown said the government can't classify by race to discriminate; Bakke asked whether it can classify by race to remedy discrimination, and answered "partly." Quotas are out, but race as one admissions factor is in.

Key things to remember about Bakke v. University of California

  • Bakke (1978) ruled that strict racial quotas in college admissions violate the equal protection clause of the Fourteenth Amendment.

  • The Court also held that race can be considered as one factor among many in admissions because achieving a diverse student body is a legitimate goal.

  • The case began when Allan Bakke, a white applicant, challenged UC Davis medical school's policy reserving 16 of 100 seats for minority applicants.

  • Bakke shows the core Topic 3.13 debate, which is whether affirmative action is consistent with or barred by the equal protection clause.

  • Later cases like Gratz and Grutter v. Bollinger (2003) refined Bakke's framework, upholding holistic race-conscious review but striking down mechanical point systems.

  • Bakke is a CED illustrative example, not one of the 15 required cases, so know its holding but don't expect to be required to cite it on an FRQ.

Frequently asked questions about Bakke v. University of California

What did Bakke v. University of California decide?

In 1978, the Supreme Court ruled that UC Davis's policy reserving 16 of 100 medical school seats for minority applicants was an unconstitutional quota, but that race could still be used as one factor among many in admissions to promote diversity.

Did Bakke end affirmative action?

No. Bakke actually preserved affirmative action in admissions. It only banned rigid quotas while explicitly allowing race-conscious holistic review, a framework later cases like Grutter v. Bollinger (2003) built on.

How is Bakke different from Brown v. Board of Education?

Brown (1954) used the equal protection clause to strike down de jure segregation that excluded Black students. Bakke (1978) used the same clause to limit affirmative action, a policy designed to include minority students. Same constitutional clause, opposite policy contexts.

Is Bakke one of the 15 required Supreme Court cases for AP Gov?

No. Bakke is a CED illustrative example under Topic 3.13, not a required case. You won't be forced to analyze it on the SCOTUS comparison FRQ, but a prompt could describe it as the non-required case and ask you to compare it to a required one like Brown.

What part of the Constitution was at issue in Bakke?

The equal protection clause of the Fourteenth Amendment. Bakke argued the quota denied him equal protection, and the Court agreed quotas crossed the line while race-conscious review did not. Title VI of the Civil Rights Act of 1964 was also raised in the case.