university california regents bakke argued october decided june medical school university california davis hereinafter davis two admissions programs entering class students regular admissions program special admissions program regular procedure candidates whose overall grade point averages fell scale summarily rejected one six applicants given interview following rated scale committee members five six rating based interviewers summaries overall grade point average science courses grade point average medical college admissions test mcat scores letters recommendation extracurricular activities biographical data resulted total benchmark score full admissions committee made offers admission basis review applicant file score considering acting upon applications received committee chairman responsible placing names waiting list discretion include persons special skills separate committee majority members minority groups operated special admissions program application forms respectively asked candidates whether wished considered economically educationally disadvantaged applicants members minority group blacks chicanos asians american indians applicant minority group found disadvantaged rated manner similar one employed general admissions committee special candidates however meet grade point cutoff ranked candidates general admissions process special applicants invited interviews following given benchmark scores top choices given general admissions committee reject special candidates failure meet course requirements specific deficiencies special committee continued recommend candidates special admission selections made period minority students admitted davis special program general program disadvantaged whites admitted special program though many applied respondent white male applied davis years considered general admissions program though score rejected since general applicants scores less accepted respondent application filed late year processed completed time four special admission slots still unfilled respondent applied early though total score rejected neither year name placed discretionary waiting list years special applicants admitted significantly lower scores respondent second rejection respondent filed action state mandatory injunctive declaratory relief compel admission davis alleging special admissions program operated exclude basis race violation equal protection clause fourteenth amendment provision california constitution title vi civil rights act provides inter alia person shall ground race color excluded participating program receiving federal financial assistance petitioner declaration special admissions program lawful trial found special program operated racial quota minority applicants program rated one another places class reserved declaring petitioner take race account making admissions decisions program held violate federal state constitutions title vi respondent admission ordered however lack proof admitted special program california applying standard concluded special admissions program least intrusive means achieving goals admittedly compelling state interests integrating medical profession increasing number doctors willing serve minority patients without passing state constitutional federal statutory grounds held petitioner special admissions program violated equal protection clause since petitioner satisfy burden demonstrating respondent absent special program admitted ordered admission davis held judgment affirmed insofar orders respondent admission davis invalidates petitioner special admissions program reversed insofar prohibits petitioner taking race account factor future admissions decisions justice powell concluded title vi proscribes racial classifications violate equal protection clause employed state agencies pp racial ethnic classifications sort inherently suspect call exacting judicial scrutiny goal achieving diverse student body sufficiently compelling justify consideration race admissions decisions circumstances petitioner special admissions program forecloses consideration persons like respondent unnecessary achievement compelling goal therefore invalid equal protection clause pp since petitioner satisfy burden proving respondent admitted even special admissions program must admitted justice brennan justice white justice marshall justice blackmun concluded title vi proscribes racial classifications violate equal protection clause employed state agencies pp racial classifications call strict judicial scrutiny nonetheless purpose overcoming substantial chronic minority underrepresentation medical profession sufficiently important justify petitioner remedial use race thus judgment must reversed prohibits race used factor university admissions pp justice stevens joined chief justice justice stewart justice rehnquist view whether race ever factor admissions policy issue title vi applies respondent excluded davis violation title vi concurs judgment insofar affirms judgment ordering respondent admitted davis pp archibald cox argued cause petitioner briefs paul mishkin jack owens donald reidhaar reynold colvin argued cause filed briefs respondent solicitor general mccree argued cause amicus curiae briefs attorney general bell assistant attorney general days deputy solicitor general wallace brian landsberg jessica dunsay silver miriam eisenstein vincent briefs amici curiae urging reversal filed slade gorton attorney general james wilson senior assistant attorney general state washington et al richard larson joel gora charles marson sanford jay rosen fred okrand norman dorsen ruth bader ginsburg frank askin american civil liberties union et al edgar cahn jean camper cahn robert catz antioch school law william jack chow asian american bar assn greater bay area kenneth pye robert mckay david feller ernest gellhorn association american law schools john holt myers association american medical colleges jerome falk peter roos bar assn san francisco et al ephraim margolin black law students assn university california berkeley school law john baker black law students union yale university law school annamay sheppard jonathan hyman board governors rutgers state university new jersey et al robert willey cleveland state university chapter black american law students assn john mason harding albert rosenthal daniel steiner iris brest james siena louis pollak michael sovern columbia university et al herbert reid howard university harry reese orin slagle law school admission council albert jenner stephen pollak burke marshall norman redlich robert murphy william caldwell lawyers committee civil rights law alice daniel james coleman legal services nathaniel jones nathaniel colley stanley goodman national assn advancement colored people jack greenberg james nabrit iii charles ralston eric schnapper david kendall naacp legal defense educational fund stephen bomse national assn minority contractors et al richard sobol marian wright edelman stephen berzon joseph rauh national council churches christ et al barbara morris joan bertin lowy diana greene national employment law project herbert reid clay smith national medical et al robert hermann puerto rican legal defense education fund et al robert allen sedler howard lesnick arval morris society american law teachers american medical student assn council legal education opportunity briefs amici curiae urging affirmance filed lawrence poltrock wayne giampietro american federation teachers abraham goldstein nathan dershowitz arthur gajarsa thaddeus kowalski anthony fornelli howard greenberger samuel rabinove themis anastos julian kulas alan dershowitz american jewish committee et al mcneill stokes ira smotherman american subcontractors assn philip kurland daniel polsby larry lavinsky arnold forster dennis rapps anthony fornelli leonard greenwald david ashe league et al charles bakaly lawrence kraus chamber commerce roger clark jerome tankel glen murphy fraternal order police et al judith cohn order sons italy america ronald zumbrun john findley william harvey pacific legal foundation benjamin vinar david caplan queens jewish community council et al jennings felix young americans freedom briefs amici curiae filed matthew finkin american assn university professors john finley michael blinick john cannon leonard theberge edward dowd committee academic nondiscrimination integrity et al kenneth mcguiness robert williams douglas mcdowell ronald green equal employment advisory council charles wilson fair employment practice california mario obledo jerome lackner director department health california et al vilma martinez peter roos ralph santiago abascal mexican american legal defense educational fund et al eva goodwin national assn affirmative action officers lennox hinds national conference black lawyers david ginsburg national fund minority engineering students john wabaunsee walter echohawk thomas fredericks native american law students university california davis et al joseph broderick calvin brown lemarquis dejarmon james ferguson ii harry groves john harmon william marsh james smith north carolina assn black lawyers leonard walentynowicz polish american congress et al daniel luevano john mcdermott ucla black law students assn et al henry waxman pro se leo branton ann fagan ginger sam rosenwein laurence sperber price cobbs et al john nolan ralph galliano daniel spitler timothy hoy justice powell announced judgment case presents challenge special admissions program petitioner medical school university california davis designed assure admission specified number students certain minority groups superior california sustained respondent challenge holding petitioner program violated california constitution title vi civil rights act et equal protection clause fourteenth amendment enjoined petitioner considering respondent race race applicant making admissions decisions refused however order respondent admission medical school holding carried burden proving admitted constitutional statutory violations california affirmed portions trial judgment declaring special admissions program unlawful enjoining petitioner considering race applicant modified portion judgment denying respondent requested injunction directed trial order admission reasons stated following opinion believe much judgment california holds petitioner special admissions program unlawful directs respondent admitted medical school must affirmed reasons expressed separate opinion brothers chief justice justice stewart justice rehnquist justice stevens concur judgment also conclude reasons stated following opinion portion judgment enjoining petitioner according consideration race admissions process must reversed reasons expressed separate opinions brothers justice brennan justice white justice marshall justice blackmun concur judgment affirmed part reversed part addition university may properly fact consider factors evaluating applicant personal interview recommendations character matters relating needs profession society applicant professional goals short standards admission employed university constitutionally infirm except extent utilized racially discriminatory manner disadvantaged applicants races must eligible sympathetic consideration applicant may rejected race favor another less qualified measured standards applied without regard race reiterate view dissent misinterpretation compel university utilize highest objective academic credentials criterion admission cal omitted regular admissions procedure candidate submit application medical school beginning july year preceding academic year admission sought record large number applications admissions committee screened one select candidates consideration candidates whose overall undergraduate grade point averages fell scale summarily rejected one six applicants invited personal interview ibid following interviews candidate rated scale interviewers four members admissions committee rating embraced interviewers summaries candidate overall grade point average grade point average science courses scores medical college admissions test mcat letters recommendation extracurricular activities biographical data ratings added together arrive candidate benchmark score since five committee members rated candidate perfect score six members rated candidate perfect score full committee reviewed file scores applicant made offers admission rolling basis chairman responsible placing names waiting list placed strict numerical order instead chairman discretion include persons special skills special admissions program operated separate committee majority members minority groups application form candidates asked indicate whether wished considered economically educationally disadvantaged applicants form question whether wished considered members minority group medical school apparently viewed blacks chicanos asians american indians questions answered affirmatively application forwarded special admissions committee formal definition disadvantaged ever produced chairman special committee screened application see whether reflected economic educational deprivation passed initial hurdle applications rated special committee fashion similar used general admissions committee except special candidates meet grade point average cutoff applied regular applicants total number special applicants invited interviews following interview special committee assigned special applicant benchmark score special committee presented top choices general admissions committee latter rate compare special candidates general applicants reject recommended special candidates failure meet course requirements specific deficiencies special committee continued recommend special applicants number prescribed faculty vote admitted overall class size still prescribed number class size doubled prescribed number special admissions also doubled year increase class size special program resulted admission black students asians total minority students period regular admissions program produced black asians total minority students although disadvantaged whites applied special program large numbers see supra none received offer admission process indeed least special committee explicitly considered disadvantaged special applicants members one designated minority groups record allan bakke white male applied davis medical school years bakke application considered general admissions program received interview interview theodore west considered bakke desirable applicant medical school despite strong benchmark score bakke rejected application come late year applicants general admissions process scores accepted bakke application completed four special admissions slots unfilled time however bakke considered rejection bakke wrote george lowrey associate dean chairman admissions committee protesting special admissions program operated racial ethnic quota bakke application completed early year student interviewer gave overall rating finding friendly well tempered conscientious delightful speak faculty interviewer coincidence lowrey written protest special admissions program lowrey found bakke rather limited approach problems medical profession found disturbing bakke definite opinions based personal viewpoints upon study total problem lowrey gave bakke lowest six ratings total bakke application rejected neither year chairman admissions committee lowrey exercise discretion place bakke waiting list years applicants admitted special program grade point averages mcat scores benchmark scores significantly lower bakke second rejection bakke filed instant suit superior california sought mandatory injunctive declaratory relief compelling admission medical school alleged medical school special admissions program operated exclude school basis race violation rights equal protection clause fourteenth amendment art california constitution title vi civil rights act stat university declaration special admissions program lawful trial found special program operated racial quota minority applicants special program rated one another record places class reserved declaring university take race account making admissions decisions trial held challenged program violative federal constitution state constitution title vi refused order bakke admission however holding failed carry burden proving admitted existence special program bakke appealed portion trial judgment denying admission university appealed decision special admissions program unlawful order enjoining considering race processing applications california transferred case directly trial importance issues involved cal california accepted findings trial respect university program special admissions program involved racial classification held bound apply strict scrutiny turned goals university presented justifying special program although agreed goals integrating medical profession increasing number physicians willing serve members minority groups compelling state interests concluded special admissions program least intrusive means achieving goals without passing state constitutional federal statutory grounds cited trial judgment california held equal protection clause fourteenth amendment required applicant may rejected race favor another less qualified measured standards applied without regard race turning bakke appeal ruled since bakke established university discriminated basis race burden proof shifted university demonstrate admitted even absence special admissions program analogized bakke situation plaintiff title vii civil rights act supp see franks bowman transportation cal basis initially ordered remand purpose determining whether newly allocated burden proof bakke admitted either entering class absence special admissions program app application stay petition rehearing however university conceded inability carry burden app application stay california thereupon amended opinion direct trial enter judgment ordering bakke admission medical school cal order stayed pending review granted certiorari consider important constitutional issue ii parties neither briefed argued applicability title vi civil rights act rather california focused exclusively upon validity special admissions program equal protection clause possible however decision title vi might obviate resort constitutional interpretation see ashwander tva concurring opinion requested supplementary briefing statutory issue outset face question whether right action private parties exists title vi respondent argues private right action invoking test set forth cort ash contends statute creates federal right favor legislative history reveals intent permit private actions actions remedial purposes statute enforcement federal rights civil rights act generally relegated addition cites several lower decisions recognized assumed existence private right action petitioner denies existence private right action arguing sole function see supra establish predicate administrative action stat view administrative curtailment federal funds section sanction imposed upon recipients violated petitioner also points title vi contains explicit grant private right action contrast titles ii iii iv vii statute ed supp find unnecessary resolve question instant case question respondent right bring action title vi neither argued decided either courts hesitant review questions addressed mcgoldrick compagnie generale transatlantique see also massachusetts westcott cardinale louisiana cf singleton wulff therefore address difficult issue similarly need pass upon petitioner claim private plaintiffs title vi must exhaust administrative remedies assume purposes case respondent right action title vi see lau nichols stewart concurring result language stat like equal protection clause majestic sweep person shall ground race color national origin excluded participation denied benefits subjected discrimination program activity receiving federal financial assistance problem confronting congress discrimination negro citizens hands recipients federal moneys indeed color blindness pronouncements cited margin generally occur midst extended remarks dealing evils segregation federally funded programs proponents bill detailed plight negroes seeking equal treatment programs simply reason congress consider validity hypothetical preferences might accorded minority citizens legislators dealing real pressing problem guarantee citizens equal treatment addressing problem supporters title vi repeatedly declared bill enacted constitutional principles example representative celler chairman house judiciary committee floor manager legislation house emphasized introducing bill bill offer assurance hospitals financed federal money deny adequate care negroes prevent abuse food distribution programs whereby negroes known denied food surplus supplies white persons given food assure negroes benefits accorded white students programs high er education financed federal funds short assure existing right equal treatment enjoyment federal funds destroy rights private property freedom association cong rec emphasis added senate senator humphrey declared purpose title vi insure federal funds spent accordance constitution moral sense nation senator ribicoff agreed title vi embraced constitutional standard basically constitutional restriction discrimination use federal funds title vi simply spells procedure used enforcing restriction senators expressed similar views evidence incorporation constitutional standard title vi appears repeated refusals legislation supporters precisely define term discrimination opponents sharply criticized failure proponents bill merely replied meaning discrimination made clear reference constitution existing law example senator humphrey noted relevance constitution said bill simple purpose purpose give fellow citizens negroes rights opportunities white people take granted preached prophets christ constitution guarantees iii petitioner deny decisions based race ethnic origin faculties administrations state universities reviewable fourteenth amendment see missouri ex rel gaines canada sipuel board regents sweatt painter mclaurin oklahoma state regents part respondent argue racial ethnic classifications per se invalid see hirabayashi korematsu lee washington black harlan stewart concurring jewish organizations carey parties disagree level judicial scrutiny applied special admissions program petitioner argues erred applying strict scrutiny inexact term applied cases level review petitioner asserts reserved classifications disadvantage discrete insular minorities see carolene products respondent hand contends california correctly rejected notion degree judicial scrutiny accorded particular racial ethnic classification hinges upon membership discrete insular minority duly recognized rights established fourteenth amendment personal rights shelley kraemer en route crucial battle scope judicial review parties fight sharp preliminary action proper characterization special admissions program petitioner prefers view establishing goal minority representation medical school respondent echoing courts labels racial quota semantic distinction beside point special admissions program undeniably classification based race ethnic background extent existed pool least minimally qualified minority applicants fill special admissions seats white applicants compete seats entering class rather open minority applicants whether limitation described quota goal line drawn basis race ethnic status guarantees fourteenth amendment extend persons language explicit state shall deny person within jurisdiction equal protection laws settled beyond question rights created first section fourteenth amendment terms guaranteed individual rights established personal rights shelley kraemer supra accord missouri ex rel gaines canada supra mccabe atchison guarantee equal protection mean one thing applied one individual something else applied person another color accorded protection equal nevertheless petitioner argues erred applying strict scrutiny special admissions program white males respondent discrete insular minority requiring extraordinary protection majoritarian political process carolene products supra rationale however never invoked decisions prerequisite subjecting racial ethnic distinctions strict scrutiny held discreteness insularity constitute necessary preconditions holding particular classification invidious see skinner oklahoma ex rel williamson carrington rash characteristics may relevant deciding whether add new types classifications list suspect categories whether particular classification survives close examination see massachusetts board retirement murgia age san antonio independent school dist rodriguez wealth graham richardson aliens racial ethnic classifications however subject stringent examination without regard additional characteristics declared much first cases explicitly recognize racial distinctions suspect distinctions citizens solely ancestry nature odious free people whose institutions founded upon doctrine equality hirabayashi legal restrictions curtail civil rights single racial group immediately suspect say restrictions unconstitutional say courts must subject rigid scrutiny korematsu perception racial ethnic distinctions rooted nation constitutional demographic history initial view fourteenth amendment one pervading purpose freedom slave race security firm establishment freedom protection freeman citizen oppressions formerly exercised dominion cases wall equal protection clause however irtually strangled infancy judicial reactionism relegated decades relative desuetude due process clause fourteenth amendment short germinal period flourished cornerstone defense property liberty contract see mugler kansas allgeyer louisiana lochner new york cause fourteenth amendment one pervading purpose displaced see plessy ferguson era substantive due process came close see nebbia new york west coast hotel parrish equal protection clause began attain genuine measure vitality see carolene products skinner oklahoma ex rel williamson supra time longer possible peg guarantees fourteenth amendment struggle equality one racial minority dormancy equal protection clause become nation minorities struggle extent struggles still overcome prejudices monolithic majority majority composed various minority groups said perhaps unfairly many cases shared characteristic willingness disadvantage groups nation filled stock many lands reach clause gradually extended ethnic groups seeking protection official discrimination see strauder west virginia celtic irishmen dictum yick wo hopkins chinese truax raich austrian resident aliens korematsu supra japanese hernandez texas guarantees equal protection said yick wo universal application persons within territorial jurisdiction without regard differences race color nationality equal protection laws pledge protection equal laws although many framers fourteenth amendment conceived primary function bridging vast distance members negro race white majority cases supra amendment framed universal terms without reference color ethnic origin condition prior servitude recently remarked interpreting civil rights act extend claims racial discrimination white persons congress intent upon establishing federal law broader principle necessary simply meet particular immediate plight newly freed negro slaves mcdonald santa fe trail transportation legislation specifically broadened ensure persons merely citizens enjoy equal rights law see runyon mccrary white dissenting indeed unlikely among framers many applauded reading equal protection clause principle universal application responsive racial ethnic cultural diversity nation see cong globe remarks niblack remarks conness remarks howe fourteenth amendment protect classes class legislation see also bickel original understanding segregation decision harv rev past years embarked upon crucial mission interpreting equal protection clause view assuring persons protection equal laws yick wo supra nation confronting legacy slavery racial discrimination see shelley kraemer brown board education hills gautreaux landmark decisions area arose response continued exclusion negroes mainstream american society characterized involving discrimination majority white race negro minority need read depending upon characterization results suffices say ver years consistently repudiated istinctions citizens solely ancestry odious free people whose institutions founded upon doctrine equality loving virginia quoting hirabayashi petitioner urges us adopt first time restrictive view equal protection clause hold discrimination members white majority suspect purpose characterized benign clock liberties however turned back brown board education supra accord loving virginia supra far late argue guarantee equal protection persons permits recognition special wards entitled degree protection greater accorded others fourteenth amendment directed solely discrimination due theory based upon differences white negro hernandez artificial line theory fourteenth amendment put aside difficulties entailed varying level judicial review according perceived preferred status particular racial ethnic minority intractable concepts majority minority necessarily reflect temporary arrangements political judgments observed white majority composed various minority groups lay claim history prior discrimination hands state private individuals groups receive preferential treatment corresponding judicial tolerance distinctions drawn terms race nationality majority left new minority white protestants principled basis deciding groups merit heightened judicial solicitude courts asked evaluate extent prejudice consequent harm suffered various minority groups whose societal injury thought exceed arbitrary level tolerability entitled preferential classifications expense individuals belonging groups classifications free exacting judicial scrutiny preferences began desired effect consequences past discrimination undone new judicial rankings necessary kind variable sociological political analysis necessary produce rankings simply lie within judicial competence even otherwise politically feasible socially desirable moreover serious problems justice connected idea preference first may always clear preference fact benign courts may asked validate burdens imposed upon individual members particular group order advance group general interest see jewish organizations carey brennan concurring part nothing constitution supports notion individuals may asked suffer otherwise impermissible burdens order enhance societal standing ethnic groups second preferential programs may reinforce common stereotypes holding certain groups unable achieve success without special protection based factor relationship individual worth see defunis odegaard douglas dissenting third measure inequity forcing innocent persons respondent position bear burdens redressing grievances making hitching meaning equal protection clause transitory considerations holding constitutional principle judicial scrutiny classifications touching racial ethnic background may vary ebb flow political forces disparate constitutional tolerance classifications well may serve exacerbate racial ethnic antagonisms rather alleviate jewish organizations supra brennan concurring part also mutability constitutional principle based upon shifting political social judgments undermines chances consistent application constitution one generation next critical feature coherent interpretation pollock farmers loan trust white dissenting expounding constitution role discern principles sufficiently absolute give roots throughout community continuity significant periods time lift level pragmatic political judgments particular time place cox role american government individual entitled judicial protection classifications based upon racial ethnic background distinctions impinge upon personal rights rather individual membership particular group constitutional standards may applied consistently political judgments regarding necessity particular classification may weighed constitutional balance korematsu standard justification remain constant since political judgments product rough compromise struck contending groups within democratic process touch upon individual race ethnic background entitled judicial determination burden asked bear basis precisely tailored serve compelling governmental interest constitution guarantees right every person regardless background shelley kraemer missouri ex rel gaines canada petitioner contends several occasions approved preferential classifications without applying exacting scrutiny cases upon petitioner relies drawn three areas school desegregation employment discrimination sex discrimination cases cited presented situation materially different facts case school desegregation cases inapposite involved remedies clearly determined constitutional violations swann board education mcdaniel barresi green county school board racial classifications thus designed remedies vindication constitutional entitlement moreover scope remedies permitted exceed extent violations dayton board education brinkman milliken bradley see pasadena city board education spangler see also austin independent school dist powell concurring judicial determination constitutional violation predicate formulation remedial classification employment discrimination cases also advance petitioner cause example franks bowman transportation approved retroactive award seniority class negro truckdrivers victims discrimination society large respondent case relief imposed burdens employees held necessary make victims whole injuries suffered account unlawful employment discrimination quoting albemarle paper moody courts appeals fashioned various types racial preferences remedies constitutional statutory violations resulting identified injuries individuals held entitled preference bridgeport guardians bridgeport civil service commission carter gallagher modified rehearing en banc preferences also upheld legislative administrative body charged responsibility made determinations past discrimination industries affected fashioned remedies deemed appropriate rectify discrimination contractors association eastern pennsylvania secretary labor cert denied associated general contractors massachusetts altshuler cert denied cf katzenbach morgan never approved preferential classifications absence proved constitutional statutory violations petitioner view applicable standard supported fact classifications subjected level scrutiny califano webster craig boren powell concurring distinctions less likely create analytical practical problems present preferential programs premised racial ethnic criteria respect gender two possible classifications incidence burdens imposed preferential classifications clear rival groups claim entitled preferential treatment classwide questions group suffering previous injury groups fairly burdened relatively manageable reviewing courts see califano goldfarb weinberger wiesenfeld resolution questions context racial ethnic preferences presents far complex intractable problems classifications importantly perception racial classifications inherently odious stems lengthy tragic history classifications share sum never viewed classification inherently suspect comparable racial ethnic classifications purpose equal protection analysis petitioner also cites lau nichols support proposition discrimination favoring racial ethnic minorities received judicial approval without exacting inquiry ordinarily accorded suspect classifications lau held failure san francisco school system provide remedial english instruction students oriental ancestry spoke english amounted violation title vi civil rights act regulations promulgated thereunder regulations required remedial instruction inability understand english excluded children foreign ancestry participation educational programs found students lau denied meaningful opportunity participate educational program remanded fashioning remedial order lau provides little support petitioner argument decision rested solely statute construed responsible administrative agency reach educational practices effect subjecting individuals discrimination ibid stated standards equality treatment merely providing students facilities textbooks teachers curriculum students understand english effectively foreclosed meaningful education moreover preference approved result denial relevant benefit meaningful opportunity participate educational program anyone else student deprived preference ability participate san francisco school system applicable regulations required similar assistance students suffered similar linguistic deficiencies stewart concurring result similar vein petitioner contends recent decision jewish organizations carey indicates willingness approve racial classifications designed benefit certain minorities without denominating classifications suspect state new york redrawn reapportionment plan meet objections department justice voting rights act supp specifically voting districts redrawn enhance electoral power certain nonwhite voters found victims unlawful dilution original reapportionment plan jewish organizations like lau properly viewed case remedy administrative finding discrimination encompassed measures improve previously disadvantaged group ability participate without excluding individuals belonging group enjoyment relevant opportunity meaningful participation electoral process case unlike lau jewish organizations determination legislature responsible administrative agency university engaged discriminatory practice requiring remedial efforts moreover operation petitioner special admissions program quite different remedial measures approved cases prefers designated minority groups expense individuals totally foreclosed competition special admissions seats every medical school class foreclosure individuals excluded enjoyment benefit admission medical school otherwise receive classification denies individual opportunities benefits enjoyed others solely race ethnic background must regarded suspect mclaurin oklahoma state regents iv held order justify use suspect classification state must show purpose interest constitutionally permissible substantial use classification necessary accomplishment purpose safeguarding interest griffiths footnotes omitted loving virginia mclaughlin florida special admissions program purports serve purposes reducing historic deficit traditionally disfavored minorities medical schools medical profession brief petitioner ii countering effects societal discrimination iii increasing number physicians practice communities currently underserved iv obtaining educational benefits flow ethnically diverse student body necessary decide purposes substantial enough support use suspect classification petitioner purpose assure within student body specified percentage particular group merely race ethnic origin preferential purpose must rejected insubstantial facially invalid preferring members one group reason race ethnic origin discrimination sake constitution forbids loving virginia supra mclaughlin florida supra brown board education state certainly legitimate substantial interest ameliorating eliminating feasible disabling effects identified discrimination line school desegregation cases commencing brown attests importance state goal commitment judiciary affirm lawful means toward attainment school cases required order redress wrongs worked specific instances racial discrimination goal far focused remedying effects societal discrimination amorphous concept injury may ageless reach past never approved classification aids persons perceived members relatively victimized groups expense innocent individuals absence judicial legislative administrative findings constitutional statutory violations see teamsters jewish organizations south carolina katzenbach findings made governmental interest preferring members injured groups expense others substantial since legal rights victims must vindicated case extent injury consequent remedy judicially legislatively administrative defined also remedial action usually remains subject continuing oversight assure work least harm possible innocent persons competing benefit without findings constitutional statutory violations said government greater interest helping one individual refraining harming another thus government compelling justification inflicting harm petitioner purport made position make findings broad mission education formulation legislative policy adjudication particular claims illegality reasons similar stated part iii opinion isolated segments vast governmental structures competent make decisions least absence legislative mandates legislatively determined criteria cf hampton mow sun wong supra relying upon sorts findings establishing racial classification governmental body must authority capability establish record classification responsive identified discrimination see califano webster califano goldfarb lacking capability petitioner carried burden justification issue hence purpose helping certain groups faculty davis medical school perceived victims societal discrimination justify classification imposes disadvantages upon persons like respondent bear responsibility whatever harm beneficiaries special admissions program thought suffered hold otherwise convert remedy heretofore reserved violations legal rights privilege institutions throughout nation grant pleasure whatever groups perceived victims societal discrimination step never approved cf pasadena city board education spangler petitioner identifies another purpose program improving delivery services communities currently underserved may assumed situations state interest facilitating health care citizens sufficiently compelling support use suspect classification virtually evidence record indicating petitioner special admissions program either needed geared promote goal addressed failure proof university concedes assure minority doctors entered program expressed interest practicing disadvantaged community actually may correct assume carry intention likely practice minority communities average white doctor see sandalow racial preferences higher education political responsibility judicial role chi rev nevertheless precise reliable ways identify applicants genuinely interested medical problems minorities race applicant whatever race demonstrated concern disadvantaged minorities past declares practice community primary professional goal likely contribute alleviation medical shortage one chosen entirely basis race disadvantage short empirical data demonstrate one race selflessly socially oriented contrast another selfishly acquisitive cal fourth goal asserted petitioner attainment diverse student body clearly constitutionally permissible goal institution higher education academic freedom though specifically enumerated constitutional right long viewed special concern first amendment freedom university make judgments education includes selection student body justice frankfurter summarized four essential freedoms constitute academic freedom business university provide atmosphere conductive speculation experiment creation atmosphere prevail four essential freedoms university determine academic grounds may teach may taught shall taught may admitted study sweezy new hampshire concurring result nation deeply committed safeguarding academic freedom transcendent value us merely teachers concerned freedom therefore special concern first amendment nation future depends upon leaders trained wide exposure robust exchange ideas discovers truth multitude tongues rather kind authoritative selection associated press supp thus arguing universities must accorded right select students contribute robust exchange ideas petitioner invokes countervailing constitutional interest first amendment light petitioner must viewed seeking achieve goal paramount importance fulfillment mission may argued greater force views undergraduate level medical school training centered primarily professional competency even graduate level tradition experience lend support view contribution diversity substantial sweatt painter made similar point specific reference legal education law school proving ground legal learning practice effective isolation individuals institutions law interacts students one practiced law choose study academic vacuum removed interplay ideas exchange views law concerned ethnic diversity however one element range factors university properly may consider attaining goal heterogeneous student body although university must wide discretion making sensitive judgments admitted constitutional limitations protecting individual rights may disregarded respondent urges courts held petitioner dual admissions program racial classification impermissibly infringes rights fourteenth amendment interest diversity compelling context university admissions program question remains whether program racial classification necessary promote interest griffiths may assumed reservation specified number seats class individuals preferred ethnic groups contribute attainment considerable ethnic diversity student body petitioner argument effective means serving interest diversity seriously flawed fundamental sense argument misconceives nature state interest justify consideration race ethnic background interest simple ethnic diversity specified percentage student body effect guaranteed members selected ethnic groups remaining percentage undifferentiated aggregation students diversity furthers compelling state interest encompasses far broader array qualifications characteristics racial ethnic origin single though important element petitioner special admissions program focused solely ethnic diversity hinder rather attainment genuine diversity state interest genuine diversity served expanding petitioner system multitrack program prescribed number seats set aside identifiable category applicants indeed inconceivable university thus pursue logic petitioner program illogical end insulating category applicants certain desired qualifications competition applicants experience university admissions programs take race account achieving educational diversity valued first amendment demonstrates assignment fixed number places minority group necessary means toward end illuminating example found harvard college program recent years harvard college expanded concept diversity include students disadvantaged economic racial ethnic groups harvard college recruits californians louisianans also blacks chicanos minority students practice new definition diversity meant race factor admission decisions committee admissions reviews large middle group applicants admissible deemed capable good work courses race applicant may tip balance favor geographic origin life spent farm may tip balance candidates cases farm boy idaho bring something harvard college bostonian offer similarly black student usually bring something white person offer see appendix hereto harvard college admissions committee set number blacks musicians football players physicists californians admitted given year awareness necessity including token number black students mean committee sets minimum number blacks people west mississippi admitted means choosing among thousands applicants admissible academically strong qualities committee number criteria mind pays attention distribution among many types categories students app brief columbia university harvard university stanford university university pennsylvania amici curiae kind program treats applicant individual admissions process applicant loses last available seat another candidate receiving plus basis ethnic background foreclosed consideration seat simply right color wrong surname mean combined qualifications may included similar nonobjective factors outweigh applicant qualifications weighed fairly competitively basis complain unequal treatment fourteenth amendment suggested admissions program considers race one factor simply subtle sophisticated less effective means according racial preference davis program facial intent discriminate however evident petitioner preference program denied case facial infirmity exists admissions program race ethnic background simply one element weighed fairly elements selection process boundary line justice frankfurter remarked another connection none worse narrow mcleod dilworth assume university professing employ facially nondiscriminatory admissions policy operate cover functional equivalent quota system short good faith presumed absence showing contrary manner permitted cases see arlington heights metropolitan housing dev washington davis swain alabama summary evident davis special admissions program involves use explicit racial classification never countenanced tells applicants negro asian chicano totally excluded specific percentage seats entering class matter strong qualifications quantitative extracurricular including potential contribution educational diversity never afforded chance compete applicants preferred groups special admissions seats time preferred applicants opportunity compete every seat class fatal flaw petitioner preferential program disregard individual rights guaranteed fourteenth amendment shelley kraemer rights absolute state distribution benefits imposition burdens hinges ancestry color person skin individual entitled demonstration challenged classification necessary promote substantial state interest petitioner failed carry burden reason portion california judgment holding petitioner special admissions program invalid fourteenth amendment must affirmed enjoining petitioner ever considering race applicant however courts failed recognize state substantial interest legitimately may served properly devised admissions program involving competitive consideration race ethnic origin reason much california judgment enjoins petitioner consideration race applicant must reversed vi respect respondent entitlement injunction directing admission medical school petitioner conceded carry burden proving existence unlawful special admissions program respondent still admitted hence respondent entitled injunction portion judgment must affirmed appendix opinion powell harvard college admissions program variety making choices seemed important part adds critical ingredient effectiveness educational experience harvard college effectiveness students educational experience seemed committee affected importantly wide variety interests talents backgrounds career goals fine faculty libraries laboratories housing arrangements dean admissions fred glimp final report faculty arts sciences official register harvard university emphasis supplied practice new definition diversity meant race factor admission decisions committee admissions reviews large middle group applicants admissible deemed capable good work courses race applicant may tip balance favor geographic origin life spent farm may tip balance candidates cases farm boy idaho bring something harvard college bostonian offer similarly black student usually bring something white person offer quality educational experience students harvard college depends part differences background outlook students bring harvard college admissions committee set number blacks musicians football players physicists californians admitted given year time committee aware harvard college provide truly heterogen ous environment reflects rich diversity provided without attention numbers make sense example students whose homes west mississippi comparably black students begin bring classmates variety points view backgrounds experiences blacks small numbers might also create sense isolation among black students thus make difficult develop achieve potential consequently making decisions committee admissions aware relationship numbers achieving benefits derived diverse student body numbers providing reasonable environment students admitted awareness mean committee sets minimum number blacks people west mississippi admitted means choosing among thousands applicants admissible academically strong qualities committee number criteria mind pays attention distribution among many types categories students refinements sometimes required help illustrate kind significance attached race admissions committee places left fill might find forced choose child successful black physician academic community promise superior academic performance black grew ghetto parents whose academic achievement lower demonstrated energy leadership well interest black power good number black students much like like already admitted committee might prefer vice versa white student extraordinary artistic talent also seeking one remaining places unique quality might give edge thus critical criteria often individual qualities experience dependent upon race sometimes associated justice brennan justice white justice marshall justice blackmun join parts opinion justice white also joins part opinion footnotes special subcommittee admissions committee made faculty medical students minority groups evaluates applications economically educationally disadvantaged backgrounds applicant may designate application form requests evaluation ethnic minorities categorically considered task force program unless disadvantaged backgrounds goals short range goal identification recruitment potential candidates admission medical school near future goal stimulate career interest health professions among junior high high school students receiving pertinent information selected applicants receive letter inviting school medicine davis interview interviews conducted least one faculty member one student member task force committee recommendations made admissions committee medical school task force faculty also members admissions committee goals approached meeting counselors students schools large minority populations well local youth adult community groups applications financial aid available applicant accepted awarded registration financial aid available students form scholarships loans addition regents scholarships president scholarship programs medical school participates health professions scholarship program makes funds available students otherwise might able pursue medical education scholarships awards available students meet special eligibility qualifications medical students also eligible participate federally insured student loan program american medical association education research foundation loan program applications admission available admissions office school medicine university california davis california entering class seats davis medical school received applications entering class applications submitted applications considered acted upon received process filling class took place period months later applications considered still file earlier year chairman normally checked see among things applicant granted waiver school application fee required means test whether applicant worked college interrupted education support family whether applicant member minority group class entering total number special applicants white persons applied special committee white following table provides comparison minority admissions davis medical school special admissions program general admissions total blacks chicanos asians total blacks chicanos asians total sixteen persons admitted special program one asian withdrew start classes vacancy filled candidate general admissions waiting list brief petitioner following table compares bakke science grade point average overall grade point average mcat scores average scores regular admittees special admittees record class entering mcat percentiles quantitative sgpa ogpa verbal science infor average regular admittees average special admittees bakke average regular admittees average special admittees applicants admitted special program also benchmark scores significantly lower many students including bakke rejected general admissions program even though special rating system apparently gave credit overcoming disadvantage prior actual filing suit bakke discussed intentions peter storandt assistant dean admissions davis medical school storandt expressed sympathy bakke position offered advice litigation strategy several amici imply discussions render bakke suit collusive indication however storandt views medical school anyone else school even aware storandt correspondence conversations bakke storandt longer university shall state deny person within jurisdiction equal protection laws special privileges immunities shall ever granted may altered revoked repealed legislature shall citizen class citizens granted privileges immunities upon terms shall granted citizens section recently repealed provisions added art state constitution section title vi stat provides follows person shall ground race color national origin excluded participation denied benefits subjected discrimination program activity receiving federal financial assistance indeed university challenge finding applicants members minority group excluded consideration special admissions process cal petitioner challenged aspect decision issue proper placement burden proof us several amici suggest bakke lacks standing arguing never showed injury exclusion medical school redressed favorable decision petitioner fabricated jurisdiction conceding inability meet burden proof petitioner object bakke standing inasmuch charge concerns jurisdiction art iii must considered rejected first appears reason question petitioner concession attempt stipulate conclusion law disguise actual facts record cf swift hocking valley second even bakke unable prove admitted absence special program follow lacked standing constitutional element standing plaintiff demonstration injury likely redressed favorable decision claim warth seldin trial found injury apart failure admitted university decision permit bakke compete places class simply race record hence constitutional requirements art iii met question bakke admission vel non merely one relief fatal bakke standing disadvantaged applicant despite program purported emphasis disadvantage minority enrollment program secondary disadvantage element white disadvantaged students never considered special program university acknowledges goal devising program increase minority enrollment see cong rec remarks case bossier parish school board lemon cert denied natonabah board education supp nm cf lloyd regional transportation authority title rehabilitation act et seq ed piascik cleveland museum art supp nd ohio title ix education amendments et seq section set forth reads follows federal department agency empowered extend federal financial assistance program activity way grant loan contract contract insurance guaranty authorized directed effectuate provisions section title respect program activity issuing rules regulations orders general applicability shall consistent achievement objectives statute authorizing financial assistance connection action taken rule regulation order shall become effective unless approved president compliance requirement adopted pursuant section may effected termination refusal grant continue assistance program activity recipient express finding record opportunity hearing failure comply requirement termination refusal shall limited particular political entity part thereof recipient finding made shall limited effect particular program part thereof noncompliance found means authorized law provided however action shall taken department agency concerned advised appropriate person persons failure comply requirement determined compliance secured voluntary means case action terminating refusing grant continue assistance failure comply requirement imposed pursuant section head federal department agency shall file committees house senate legislative jurisdiction program activity involved full written report circumstances grounds action action shall become effective thirty days elapsed filing report several comments debates cast doubt existence intent create private right action example representative gill stated private right action contemplated nowhere section find comparable right legal action person feels denied rights participate benefits federal funds nowhere cut go present claim cong rec example senator humphrey stated follows racial discrimination segregation administration disaster relief particularly shocking offensive sense justice fair play human suffering draws color lines administration help sufferers see remarks ribicoff remarks pastore remarks humphrey remarks donohue remarks celler remarks ryan pt pp see cong rec remarks lindsay see also remarks matsunaga remarks dawson remarks donohue remarks celler see remarks allott remarks pell remarks pastore remarks clark see remarks johnston remarks eastland remarks ervin remarks talmadge remarks dowdy remarks abernethy see also remarks ribicoff remarks pastore remarks javits remarks humphrey issue generated considerable amount scholarly controversy see ely constitutionality reverse racial discrimination chi rev greenawalt judicial scrutiny benign racial preference law school admissions colum rev kaplan equal justice unequal world equality negro nw rev karst horowitz affirmative action equal protection rev racial preference higher education larger context rev posner defunis case constitutionality preferential treatment racial minorities sup rev redish preferential law school admissions equal protection clause analysis competing arguments ucla rev sandalow racial preferences higher education political responsibility judicial role chi rev sedler racial preference reality constitution bakke regents university california santa clara rev seeburger heuristic argument preferential admissions pitt rev petitioner defines quota requirement must met never exceeded regardless quality minority applicants petitioner declares floor total number minority students admitted completely unqualified students admitted simply meet quota neither ceiling since unlimited number admitted general admissions process basis special admissions program meet petitioner definition quota found petitioner deny white applicants compete places reserved solely special admissions program cal courts characterized quota system moreover university special admissions program involves purposeful acknowledged use racial criteria situation classification face racially neutral disproportionate racial impact situation plaintiff must establish intent discriminate arlington heights metropolitan housing dev washington davis see yick wo hopkins carolene products first specific reference decisions elements discreteness insularity appears minersville school district gobitis stone dissenting next appear oregon mitchell stewart concurring part dissenting part elements relied upon recognizing suspect class one group cases involving aliens graham richardson tussman tenbroek equal protection laws rev jones american immigration higham strangers land abbott immigrant community roberts new immigration see also fenton immigrants unions case study members various religious ethnic groups primarily exclusively eastern middle southern european ancestry jews catholics italians greeks slavic groups continue excluded executive job levels discrimination based upon religion national origin cfr roberts supra abbott supra see generally supra view justice brennan justice white justice marshall justice blackmun pliable notion stigma crucial element analyzing racial classifications see post equal protection clause framed terms stigma certainly word clearly defined constitutional meaning reflects subjective judgment standardless classifications rearrange burdens benefits basis race likely viewed deep resentment individuals burdened denial innocent persons equal rights opportunities may outrage deprived therefore may perceived invidious individuals likely find little comfort notion deprivation asked endure merely price membership dominant majority imposition inspired supposedly benign purpose aiding others one lightly dismiss inherent unfairness perception mistreatment accompanies system allocating benefits privileges basis skin color ethnic origin moreover justice brennan justice white justice marshall justice blackmun offer principle deciding whether preferential classifications reflect benign remedial purpose malevolent stigmatic classification since willing case accept mere post hoc declarations isolated state entity medical school faculty unadorned particularized findings past discrimination establish remedial purpose professor bickel noted view lesson great decisions lesson contemporary history least generation discrimination basis race illegal immoral unconstitutional inherently wrong destructive democratic society unlearned told matter fundamental principle matter whose ox gored racial equality demanded equal others found support constitution equality claim support inequality constitution bickel morality consent agreement view race may taken account factor admissions program agree brothers brennan white marshall blackmun portion judgment proscribe consideration race must reversed see part infra disagree much said opinion require justification program petitioner two findings form discrimination preferred minority groups society large post conceded petitioner history discrimination ii reason believe disparate impact sought rectified program product discrimination reasonable conclude hold failure minorities qualify admission davis regular procedures due principally effects past discrimination reasonable likelihood pervasive racial discrimination respondent failed qualify admission even absence davis special admissions program post justice douglas noted problems associated inquiries reservation proportion law school class members selected minority groups fraught dangers one must immediately determine groups receive favored treatment excluded proportions class allocated even criteria determine whether individual member favored group cf plessy ferguson assurance common agreement reached first schools courts buffeted competing claims university washington included filipinos excluded chinese japanese another school may limit program blacks blacks chicanos sanctioned racial preferences wash hands matter leaving entirely discretion school effectively overruled sweatt painter allowed imposition zero allocation standard apply rejected applicant japanese ancestry brings suit require university washington extend privileges group committee might conclude population washington japanese japanese also constitute bar handicapped history discrimination japanese constitute bar alternatively attempt assess grievously group suffered discrimination allocate proportions accordingly standard current university washington policy almost surely fall western state claim always treated japanese chinese fair evenhanded manner see yick wo hopkins terrace thompson oyama california sustained racial classification since wartime cases korematsu hirabayashi involving curfews relocations imposed upon obviously problem solved next year law school included japanese chinese norwegians swedes poles italians puerto ricans hungarians groups form diverse nation complaints defunis odegaard dissenting opinion footnotes omitted dahl preface democratic theory posner supra petitioner cites three lower decisions allegedly deviating general rule school desegregation cases offermann nitkowski wanner county school board springfield school committee barksdale wanner involved school system held de jure segregated enjoined maintaining segregation racial districting deemed necessary cf jewish organizations carey barksdale offermann courts approve voluntary districting designed eliminate discriminatory attendance patterns neither however showing school board planned extensive pupil transportation might threaten liberty privacy interests see keyes school district powell concurring part dissenting part white students deprived equal opportunity education respondent position wholly dissimilar pupil bused neighborhood school comparable school another neighborhood compliance desegregation decree petitioner arrange respondent attend different medical school order desegregate davis medical school instead denied admission may deprived altogether medical education every decision upholding requirement preferential hiring authority exec order cfr comp emphasized existence previous discrimination predicate imposition preferential remedy contractors association eastern pennsylvania southern illinois builders assn ogilvie joyce mccrane supp nj weiner cuyahoga community college district ohio cert denied see also rosetti contracting brennan associated general contractors massachusetts altshuler cert denied northeast constr romney app case call question congressionally authorized administrative actions consent decrees title vii approval reapportionment plans voting rights act supp cases detailed legislative consideration various indicia previous constitutional statutory violations south carolina katzenbach particular administrative bodies charged monitoring various activities order detect violations formulate appropriate remedies see hampton mow sun wong furthermore presented occasion review legislation congress pursuant powers thirteenth amendment fourteenth amendment remedy effects prior discrimination katzenbach morgan jones alfred mayer previously recognized special competence congress make findings respect effects identified past discrimination discretionary authority take appropriate remedial measures petitioner also cites decision morton mancari proposition state may prefer members traditionally disadvantaged groups mancari approved hiring preference qualified indians bureau indian affairs department interior bia observed case however legal status bia sui generis indeed found preference racial employment criterion reasonably designed cause indian make bia responsive groups whose lives activities governed bia unique fashion ibid number distinct subgoals advanced falling rubric compensation past discrimination example said preferences negro applicants may compensate harm done personally serve place economic levels might attained discrimination forebears greenawalt supra another view compensation goal serves form reparation majority victimized group whole bittker case black reparations justification racial ethnic preference subjected much criticism greenawalt supra posner supra finally argued ethnic preferences compensate group providing examples success members group emulate thereby advancing group interest society interest encouraging new generations overcome barriers frustrations past redish supra purposes analysis subgoals need considered separately racial classifications admissions conceivably serve fifth purpose one petitioner articulate fair appraisal individual academic promise light cultural bias grading testing procedures extent race ethnic background considered extent curing established inaccuracies predicting academic performance might argued preference nothing record however suggests either quantitative factors considered medical school culturally biased petitioner special admissions program formulated correct biases furthermore race ethnic background used solely arrive unbiased prediction academic success reservation fixed numbers seats inexplicable justice brennan justice white justice marshall justice blackmun misconceive scope holdings title vii suggest disparate impact alone sufficient establish violation statute analogy civil rights measures see post meaning title vii made quite clear seminal decision area griggs duke power discriminatory preference group minority majority precisely congress proscribed required congress removal artificial arbitrary unnecessary barriers employment barriers operate invidiously discriminate basis racial impermissible classification emphasis added moreover presumption griggs disparate impact without showing business justification established existence discrimination violation statute based legislative determinations wholly absent past discrimination handicapped various minority groups extent disparate impact traced identifiable instances past discrimination congress sought achieve equality employment opportunities remove barriers operated past favor identifiable group white employees employees act practices procedures tests neutral face even neutral terms intent maintained operate freeze status quo prior discriminatory employment practices griggs supra see pt testimony supporting fact discrimination employment overwhelming see generally vaas title vii legislative history ind com rev emphasized act command person hired simply formerly subject discrimination member minority group indeed act makes clear preferential treatment individual minority group correct existing imbalance may required title vii thus title vii principles support proposition findings identified discrimination must precede fashioning remedial measures embodying racial classifications example university unable explain selection four favored groups negroes american indians asians preferential treatment inclusion last group especially curious light substantial numbers asians admitted regular admissions process see also supra evidence record respect underservice newspaper article record clear petitioner system even adopted throughout country substantially increase representation blacks medical profession finding recent study sleeth mishell black medical schools new england med authors maintain cause black underrepresentation lies small size national pool qualified black applicants view problem traceable poor premedical experiences black remedied effectively developing remedial programs black students enter college president princeton university described benefits derived diverse student body great deal learning occurs informally occurs interactions among students sexes different races religions backgrounds come cities rural areas various countries wide variety interests talents perspectives able directly indirectly learn differences stimulate one another reexamine even deeply held assumptions world wise graduate observed commenting aspect educational process people learn much surrounded likes nature things hard know even informal learning diversity actually occurs occur everyone many however unplanned casual encounters roommates fellow sufferers organic chemistry class student workers library teammates basketball squad participants class affairs student government subtle yet powerful sources improved understanding personal growth bowen admissions relevance race princeton alumni weekly graduate admissions decisions like undergraduate level concerned assessing potential contributions society individual candidate following graduation contributions defined broadest way include doctor poet active participant business government affairs keenest critic things organized solitary scholar concerned parent see manning pursuit fairness admissions higher education carnegie council policy studies higher education selective admissions higher education admissions program princeton described similar terms race consideration determining basic qualifications obviously significant differences background experience among applicants every race situations race helpful information enabling admission officer understand fully particular candidate accomplished odds similarly factors family circumstances previous educational opportunities may relevant either conjunction race ethnic background may associated bowen supra denial respondent right individualized consideration without regard race principal evil petitioner special admissions program nowhere opinion justice brennan justice white justice marshall justice blackmun denial even addressed universities like prosecutor swain may make individualized decisions ethnic background plays part presumption legality legitimate educational purpose long university proceeds individualized basis warrant judicial interference academic process applicant establish institution adhere policy individual comparisons show systematic exclusion certain groups results presumption legality might overcome creating necessity proving legitimate educational purpose also strong policy reasons correspond constitutional distinction petitioner preference program one assures measure competition among applicants petitioner program viewed inherently unfair public generally well applicants admission state universities fairness individual competition opportunities especially provided state widely cherished american ethic indeed broader sense underlying assumption rule law worthiness system justice based fairness individual justice frankfurter declared another connection ustice must satisfy appearance justice offutt occasion remanding case permit petitioner reconstruct might happened operating type program described legitimate part supra cf mt healthy city board ed doyle mt healthy considerable doubt whether protected first amendment activity cause doyle protested discharge contrast question sole reason respondent rejection purposeful racial discrimination form special admissions program injured respondent solely basis unlawful classification petitioner hypothesize might employed lawful means achieving result see arlington heights metropolitan housing dev one say even petitioner operated admissions process known legitimate alternatives available record revealing legitimate alternative grounds decision existed mt healthy sum remand result fictitious recasting past conduct statement appears appendix brief columbia university harvard university stanford university university pennsylvania amici curiae opinion justice brennan justice white justice marshall justice blackmun concurring judgment part dissenting part today reversing part judgment california affirms constitutional power federal state governments act affirmatively achieve equal opportunity difficulty issue presented whether government may use programs redress continuing effects past discrimination mature consideration brethren brought resulted many opinions single one speaking must mask central meaning today opinions government may take race account acts demean insult racial group remedy disadvantages cast minorities past racial prejudice least appropriate findings made judicial legislative administrative bodies competence act area chief justice brothers stewart rehnquist stevens concluded title vi civil rights act stat amended et prohibits programs davis medical school statutory theory alone hold respondent allan bakke rights violated must therefore admitted medical school brother powell reaching constitution concludes although race may taken account university admissions particular special admissions program used petitioner resulted exclusion respondent bakke shown necessary achieve petitioner stated goals accordingly members form majority five affirming judgment california insofar holds respondent bakke entitled order admitted university cal agree justice powell applied case us title vi goes prohibiting use race equal protection clause fourteenth amendment also agree effect california affirmance judgment superior california prohibit university establishing future programs take race account see ante since conclude affirmative admissions program davis medical school constitutional reverse judgment respects justice powell agrees uses race university admissions permissible therefore joins us make five votes reversing judgment insofar prohibits university establishing programs future nation founded principle men created equal yet candor requires acknowledgment framers constitution forge colonies one nation openly compromised principle equality antithesis slavery consequences compromise well known aptly called promise well known aptly called american dilemma still well recount recent time yet come promise principles flowered actuality equal opportunity regardless race color fourteenth amendment embodiment constitution abiding belief human equality law land slightly half years half half equal protection clause amendment largely moribund late justice holmes sum importance clause remarking last resort constitutional arguments buck bell worse desuetude clause early turned intended set free condemning separate equal status law status always separate seldom equal years ago odious doctrine interred decision brown board education brown progeny proclaimed separate schools public facilities sorts inherently unequal forbidden constitution even inequality eliminated deliberate speed brown board education example forced remind school boards obligation eliminate racial discrimination root branch glance docket dockets lower courts show even today officially sanctioned discrimination thing past background claims law must datum race longer relevant public policy must seen aspiration rather description reality denigrate aspiration reality rebukes us race often used stigmatize oppress minorities yet shall demonstrate need constitution title vi merely extends constraints fourteenth amendment private parties receive federal funds let color blindness become myopia masks reality many created equal treated within lifetimes inferior law fellow citizens ii threshold question must decide whether title vi civil rights act bars recipients federal funds giving preferential consideration disadvantaged members racial minorities part program designed enable individuals surmount obstacles imposed racial discrimination join parts brother powell opinion three us agree conclusion part ii case require us resolve question whether private right action title vi view title vi prohibits uses racial criteria violate fourteenth amendment employed state agencies bar preferential treatment racial minorities means remedying past societal discrimination extent action consistent fourteenth amendment legislative history title vi administrative regulations interpreting statute subsequent congressional executive action prior decisions compel conclusion none sources lends support proposition congress intended bar efforts extend benefits federally financed programs minorities historically excluded full benefits american life history title vi president kennedy request congress grant executive departments agencies authority cut federal funds programs discriminate negroes final enactment legislation incorporating proposals reveals one fixed purpose give executive branch government clear authority terminate federal funding private programs use race means disadvantaging minorities manner prohibited constitution engaged government purpose first expressed president kennedy june message congress proposing legislation subsequently became civil rights act representative celler chairman house judiciary committee floor manager legislation house introduced title vi words unequivocally expressing intent provide federal government means assuring funds used subsidize racial discrimination inconsistent standards imposed fourteenth fifth amendments upon state federal action bill offer assurance hospitals financed federal money deny adequate care negroes prevent abuse food distribution programs whereby negroes known denied food surplus supplies white persons given food assure negroes benefits accorded white students programs high er education financed federal funds short assure existing right equal treatment enjoyment federal funds destroy rights private property freedom association cong rec general seems rather anomalous federal government aid abet discrimination basis race color national origin granting money kinds financial aid seems rather shocking moreover one hand amendment supposed away discrimination since provides equal protection laws hand federal government aiding abetting persist practicing racial discrimination reasons bring forth title vi enactment title vi serve override specific provisions law contemplate federal assistance racially segregated institutions sponsors legislation agreed representative celler function title vi end federal government complicity conduct particularly segregation exclusion negroes inconsistent standards found antidiscrimination provisions constitution representative lindsay also member judiciary committee candidly acknowledged course explaining title vi necessary create new standard equal treatment beyond contained constitution federal government constitutional mandates discriminate many raised question whether legislation required executive already power distribution federal funds apply conditions enable federal government live mandate constitution require local government entities live constitution especially amendments senate consideration title vi reveals identical understanding concerning purpose scope legislation senator humphrey senate floor manager opened senate debate analysis civil rights act succinctly stated purpose title vi purpose title vi make sure funds used support racial discrimination many instances practices segregation discrimination title vi seeks end unconstitutional clearly wherever federal funds go state agency engages racial discrimination may also federal funds go support private segregated institutions decision simkins moses cone memorial hospital cert denied cases discrimination contrary national policy moral sense nation thus title vi simply designed insure federal funds spent accordance constitution moral sense nation senate supporters title vi repeatedly expressed agreement senator humphrey description legislation providing explicit authority obligation apply standards constitution recipients federal funds senator ribicoff described limited function title vi basically constitutional restriction discrimination use federal funds title vi simply spells procedure used enforcing restriction respondent contention congress intended title vi bar programs designed enable minorities disadvantaged effects discrimination participate federally financed programs also refuted examination type conduct congress thought prohibiting means title vi debates reveal legislation motivated primarily desire eradicate specific evil federal financial support programs disadvantaged negroes excluding participation providing separate facilities supporters title vi emphasized purpose statute end segregation federally funded activities end discriminatory uses race disadvantaging negroes senator humphrey set theme speech presenting title vi senate large sums money contributed year construction operation maintenance segregated schools similarly act federal grants made hospitals admit whites negroes higher education also substantial part federal grants colleges medical schools forth south still going segregated institutions several agricultural extension services supported federal funds maintain racially segregated offices negroes whites vocational training courses supported federal funds given segregated schools institutions often limit negroes training less skilled occupations particular localities reported negroes cut relief rolls denied surplus agricultural commodities otherwise deprived benefit federally assisted programs retaliation participation voter registration drives demonstrations like conclusion drawn foregoing clear congress recognized negroes cases congressional acquiescence discriminated administration programs denied full benefits activities receiving federal financial support aware many federally funded programs institutions discriminated minorities manner inconsistent standards fifth fourteenth amendments whose activities might involve sufficient state federal action violation amendments moreover congress believed questionable whether executive branch possessed legal authority terminate funding activities ground discriminated racially negroes manner violative standards contained fourteenth fifth amendments congress solution end government complicity constitutionally forbidden racial discrimination providing executive branch authority obligation terminate financial support activity employed racial criteria manner condemned constitution course might argued congress enacted title vi understood constitution require strict racial neutrality color blindness enshrined concept rule statutory law later interpretation clarification constitution permit remedial use race dislodge title vi prohibition action three compelling reasons reject hypothesis first decision ever adopted proposition constitution must colorblind see infra second even argued constitution might conceivably require color blindness congress surely chosen codify view unless constitution clearly required legislative history title vi well statute reveals desire induce voluntary compliance requirement nondiscriminatory treatment see act funds shall terminated unless determined compliance secured voluntary means pt cong rec pastore humphrey inconceivable congress intended encourage voluntary efforts eliminate evil racial discrimination time forbidding voluntary use remedies cure acknowledged obvious statutory violations yet reading title vi prohibiting action predicated upon race adversely affects individual require recipients guilty discrimination await imposition remedies executive branch indeed interpretation title vi prevent recipients federal funds taking race account even necessary bring programs compliance federal constitutional requirements remarkable reading statute designed eliminate constitutional violations especially light judicial decisions holding certain circumstances remedial use racial criteria permissible constitutionally required eradicate constitutional violations example board education swann held statute forbidding assignment students basis race unconstitutional hinder implementation remedies necessary accomplish desegregation school system race students must considered determining whether constitutional violation occurred also must race considered formulating remedy surely congress intend prohibit use racial criteria constitutionally required terminate funding entity implemented remedy clearly desired encourage remedies including use race necessary eliminate racial discrimination violation constitution rather requiring recipient await judicial adjudication unconstitutionality judicial imposition racially oriented remedy third legislative history shows congress specifically eschewed static definition discrimination favor broad language shaped experience administrative necessity evolving judicial doctrine although clear debates supporters title vi intended ban uses race prohibited constitution specifically maintenance segregated facilities never precisely defined term discrimination constituted exclusion participation denial benefits ground race failure lost upon opponents senator ervin complained word discrimination used reference contextual explanation whatever provision discrimination individuals participating benefiting federally assisted programs activities ground specified context discrimination condemned reference occurs individual treated unequally unfairly race color religion national origin constitutes unequal unfair treatment section section title vi say leave determination question executive department agencies administering program without guideline whatever point congressional intent cong rec explanation failure clear specific definitions undesirable views legislation principal backers title vi standard constitution one administratively judicially applied see remarks senator humphrey senator ribicoff senator pastore senator javits indeed strong emphasis throughout congress consideration title vi providing executive branch considerable flexibility interpreting applying prohibition racial discrimination attorney general robert kennedy testified regulations written legislation rules regulations defining discrimination might differ one program another term assume different meanings different contexts determination preserve flexibility administration title vi shared legislation supporters senator johnston offered amendment expressly authorized federal grantees take race account placing children adoptive foster homes senator pastore opposed amendment ultimately defeated vote ground federal administrators trusted act reasonably danger prohibit use racial criteria circumstances congress resolve incorporate static definition discrimination title vi surprising title vi drafted debated courts recently applied equal protection clause strike public racial discrimination america scope clause nondiscrimination principle state flux rapid evolution many questions whether fourteenth amendment barred de jure discrimination least circumstances reached de facto discrimination yet received authoritative judicial resolution congressional debate reflects awareness evolutionary change constitutional law area racial discrimination undergoing sum congress equating title vi prohibition commands fifth fourteenth amendments refusal precisely define racial discrimination intended prohibit expectation statute administered flexible manner compel conclusion congress intended meaning statute prohibition evolve interpretation commands constitution thus claim use racial criteria barred plain language statute must fail light remedial purpose title vi legislative history cryptic nature language employed title vi merely reflects congress concern use racial standards means excluding disadvantaging negroes determination prohibit absolutely discrimination recently held hen aid construction meaning words used statute available certainly rule law forbids use however clear words may appear superficial examination train colorado public interest research group quoting american trucking especially case literal application believed plain language statute assuming plain lead results direct conflict congress unequivocally expressed legislative purpose section title vi instructs federal agencies promulgate regulations interpreting title vi regulations terms statute require presidential approval entitled considerable deference construing title vi see lau nichols mourning family publications service red lion broadcasting fcc consequently significant department health education welfare hew provides much federal assistance institutions higher education adopted regulations requiring affirmative measures designed enable racial minorities previously discriminated federally funded institution program overcome effects actions authorizing voluntary undertaking programs federally funded institutions guilty prior discrimination order overcome effects conditions adversely affected degree participation persons particular race title cfr provides administering program regarding recipient previously discriminated persons ground race color national origin recipient must take affirmative action overcome effects prior discrimination situations even though past discriminatory practices attributable recipient applicant abandoned consequences practices continue impede full availability benefit efforts required applicant recipient provide information availability program activity rights beneficiaries regulation failed overcome consequences become necessary requirement stated applicant recipient take additional steps make benefits fully available racial nationality groups previously subject discrimination action might take form example special arrangements obtaining referrals making selections insure groups previously subjected discrimination adequately served title cfr ii provides even absence prior discrimination recipient administering program may take affirmative action overcome effects conditions resulted limiting participation persons particular race color national origin even though applicant recipient never used discriminatory policies services benefits program activity administers may fact equally available racial nationality groups circumstances applicant recipient may properly give special consideration race color national origin make benefits program widely available groups adequately served example university adequately serving members particular racial nationality group may establish special recruitment policies make program better known readily available group take steps provide group adequate service cfr recognized construction statute charged execution particularly deserving respect congress directed attention administrative construction left unaltered cf red lion broadcasting fcc zemel rusk congress recently took kind action considered amendment departments labor health education welfare appropriation bill restricted significantly remedial use race programs funded appropriation amendment originally submitted representative ashbrook provided one funds appropriated act may used initiate carry enforce program affirmative action system quotas goals regard admission policies employment practices encourage require discrimination basis race creed religion sex age cong rec support measure representative ashbrook argued civil rights act never authorized imposition affirmative action creation bureaucracy explicitly stated however favored permitting universities adopt programs giving consideration racial identity opposed imposition programs government amendment amended reflect position barring imposition remedies hew none funds appropriated act may obligated expended connection issuance implementation enforcement rule regulation standard guideline recommendation order issued secretary health education welfare purposes compliance ratio quota numerical requirement related race creed color national origin sex requires individual entity take action respect hiring promotion policies practices individual entity admissions policies practices individual entity finally congressional action subsequent passage title vi eliminates possible doubt congress views concerning permissibility racial preferences purpose assisting disadvantaged racial minorities confirms congress intend prohibit believe title vi prohibits consideration race part remedy societal discrimination even showing institution extending preference guilty past discrimination judicial finding particular beneficiaries racial preference adversely affected societal discrimination last year congress enacted legislation explicitly requiring grants shall made local public works project unless applicant gives satisfactory assurance secretary commerce least per centum amount grant shall expended minority business enterprises statute defines term minority business enterprise business least per centum owned minority group members case publicly owned business least per centum stock owned minority group members term minority group members defined explicitly racial terms citizens negroes orientals indians eskimos aleuts although statute contains exemption requirement extent secretary determines otherwise escape clause provided deal possibility certain areas country might contain sufficient qualified minority business enterprises permit compliance quota provisions legislation legislative history legislation reveals represents deliberate attempt deal excessive rate unemployment among minority citizens encourage development viable minority controlled enterprises believed required order enable minorities still new scene relatively small compete larger established companies always successful underbidding minority enterprises cong rec mitchell significant congressional consideration measure although use racial quota recipient federal funds constitute direct violation title vi statute read prohibit action mention made debates either house senate even possibility quota provisions minority contractors might way conflict modify title vi inconceivable purported conflict escaped congressional attention inadvertent failure recognize relevance title vi indeed act provision part also contains provision barring discrimination basis sex prohibition enforced agency provisions rules similar already established respect racial discrimination title vi civil rights act thus congress fully aware applicability title vi funding public works projects circumstances enactment minority enterprises reflects congressional judgment remedial use race permissible title vi repeatedly recognized subsequent legislation reflecting interpretation earlier act entitled great weight determining meaning earlier statute red lion broadcasting fcc erlenbaugh see also stewart prior decisions also strongly suggest title vi prohibit remedial use race action constitutionally permissible lau nichols held failure san francisco school system provide instruction students chinese ancestry speak english provide instruction chinese constituted violation title vi relied upon hew regulation stipulates recipient federal funds may utilize criteria methods administration effect subjecting individuals discrimination effect defeating substantially impairing accomplishment objectives program respect individuals particular race color national origin cfr interpreted regulation requiring san francisco extend educational benefits students students even though finding allegation city failure result purposeful design discriminate basis race lau significant two related respects first indicates least circumstances agencies responsible administration title vi may require recipients guilty constitutional violations depart policy color blindness cognizant impact actions upon racial minorities secondly lau clearly requires institutions receiving federal funds accorded considerable latitude voluntarily undertaking action designed remedy exclusion significant numbers minorities benefits federally funded programs although yet considered question presumably analogy decisions construing title vii medical school violation title vi lau serious representation racial minorities student body long demonstrate entrance requirements correlated sufficiently performance minority students medical school medical profession inconsistent lau emphasis title vi hew regulations voluntary action however require institution wait adjudicated violation law permitted voluntarily undertake corrective action based upon reasonable belief failure certain racial minorities satisfy entrance requirements measure ultimate performance doctors result lingering effects past societal discrimination recognize lau especially read light subsequent decision washington davis rejected general proposition governmental action unconstitutional solely racially disproportionate impact may read predicated upon view least circumstances title vi proscribes conduct might prohibited constitution since opinion reasons set forth title vi standard applicable alike public private recipients federal funds broader constitution serious doubts concerning correctness appears premise decision however even accepting lau implication impact alone contexts sufficient establish prima facie violation title vi contrary view title vi definition racial discrimination absolutely coextensive constitution assist respondent least first reasons discussed supra regardless whether title vi prohibitions extend beyond constitution evidence fails establish indeed compels rejection proposition congress intended prohibit recipients federal funds voluntarily employing measures eliminate effects past societal discrimination racial minorities negroes secondly lau reasons set forth immediately preceding paragraph strongly supports view voluntary remedial action permissible title vi discriminatory racial impact alone enough demonstrate least prima facie title vi violation difficult believe title forbid medical school attempting correct racially exclusionary effects initial admissions policy first two years school operation also declined adopt colorblind interpretation statutes containing nondiscrimination provisions similar contained title vi held title vii employment requirements disproportionate impact upon racial minorities constitute statutory violation even absence discriminatory intent unless employer able demonstrate requirements sufficiently related needs job significantly required preferences given employers members racial minorities remedy past violations title vii even finding employer acted discriminatory intent finally construed voting rights act et seq ed supp contains provision barring voting procedure qualification denies abridges right citizen vote account race color permitting voluntarily take race account way fairly represents voting strengths different racial groups order comply commands statute even result gain one racial group expense others prior decisions indicative unwillingness construe remedial statutes designed eliminate discrimination racial minorities manner impede efforts attain objective justification departing course case title vi frustrating clear judgment congress remedial action permissible turn therefore analysis equal protection clause fourteenth amendment iii assertion human equality closely associated proposition differences color creed birth status neither significant relevant way persons treated nonetheless position factors must constitutionally irrelevance edwards california jackson concurring summed shorthand phrase ur constitution plessy ferguson harlan dissenting never adopted proper meaning equal protection clause indeed expressly rejected proposition number occasions cases always implied overriding statutory purpose mclaughlin florida found justify racial classifications see ibid loving virginia korematsu hirabayashi recently mcdaniel barresi unanimously reversed georgia held desegregation plan voluntarily adopted local school board assigned students basis race per se invalid colorblind north carolina board education swann held unanimously statute mandating colorblind plans stand background segregation since limit remedies render illusory promise brown conclude therefore racial classifications per se invalid fourteenth amendment accordingly turn problem articulating role reviewing state action expressly classifies race respondent argues racial classifications always suspect consequently weigh importance objectives served davis special admissions program see compelling addition asserts must inquire whether judgment alternatives racial classifications suit davis purposes petitioner hand proper role simply accept petitioner determination racial classifications used program reasonably related tells us benign purposes reject petitioner view prior cases many respects apposite us find necessary define precision meaning inexact term strict scrutiny unquestionably held government practice statute restricts fundamental rights contains suspect classifications subjected strict scrutiny justified furthers compelling government purpose even less restrictive alternative available see san antonio independent school district rodriguez dunn blumstein fundamental right involved see san antonio supra whites class traditional indicia suspectness class saddled disabilities subjected history purposeful unequal treatment relegated position political powerlessness command extraordinary protection majoritarian political process see carolene products moreover university representations credited case racial classifications irrelevant therefore prohibited hirabayashi supra anyone suggested university purposes contravene cardinal principle racial classifications stigmatize drawn presumption one race inferior another put weight government behind racial hatred separatism invalid without see yick wo hopkins accord strauder west virginia korematsu supra oyama california murphy concurring brown mclaughlin florida supra loving virginia supra reitman mulkey jewish organizations carey ujo opinion white joined rehnquist stevens jj opinion concurring part hand fact case fit neatly prior analytic framework race cases mean analyzed applying loose standard review least always applied equal protection cases mere recitation benign compensatory purpose automatic shield protects inquiry actual purposes underlying statutory scheme califano webster quoting weinberger wiesenfeld instead number considerations developed cases carry even force applied racial classifications lead us conclude racial classifications designed remedial purposes must serve important governmental objectives must substantially related achievement objectives califano webster supra quoting craig boren first race like classifications often inexcusably utilized stereotype stigmatize politically powerless segments society kahn shevin dissenting opinion carefully tailored statute designed remedy past discrimination avoid vices see califano webster supra schlesinger ballard kahn shevin supra nonetheless recognized line honest thoughtful appraisal effects past discrimination paternalistic stereotyping clear statute based latter patently capable stigmatizing women badge inferiority cf schlesinger ballard supra ujo supra opinion concurring part califano goldfarb stevens concurring judgment see also stanton stanton state programs designed ostensibly ameliorate effects past racial discrimination obviously create hazard stigma since may promote racial separatism reinforce views believe members racial minorities inherently incapable succeeding see ujo supra opinion concurring part ante opinion powell second race like gender illegitimacy see weber aetna casualty surety immutable characteristic possessors powerless escape set aside classification per se invalid divides classes basis immutable characteristic see supra nevertheless true divisions contrary deep belief legal burdens bear relationship individual responsibility wrongdoing weber supra frontiero richardson opinion brennan white marshall jj advancement sanctioned sponsored approved state ideally based individual merit achievement least factors within control individual see ujo opinion concurring part kotch board river port pilot rutledge dissenting principle deeply rooted might supposed considered legislative process weighed benefits programs preferring individuals race necessarily natural consequence governing processes may well discrete insular whites called upon bear immediate direct costs benign discrimination ujo supra opinion concurring part moreover clear cases limits beyond majorities may go classify basis immutable characteristics see weber supra thus even concern individualism weighed political process weighing waive personal rights individuals fourteenth amendment see lucas colorado general assembly sum significant risk racial classifications established ostensibly benign purposes misused causing effects unlike created invidious classifications inappropriate inquire whether conceivable basis might sustain classification instead justify classification important articulated purpose use must shown addition statute must stricken stigmatizes group singles least well represented political process bear brunt benign program thus review fourteenth amendment strict strict theory fatal fact stigma causes fatality strict searching nonetheless iv davis articulated purpose remedying effects past societal discrimination cases sufficiently important justify use admissions programs sound basis concluding minority underrepresentation substantial chronic handicap past discrimination impeding access minorities medical school least since green county school board clear public body adjudged engaged racial discrimination bring compliance equal protection clause simply ending unlawful acts adopting neutral stance three years later swann board education companion cases davis school mobile county mcdaniel barresi north carolina board education swann reiterated racially neutral remedies past discrimination inadequate consequences past discriminatory acts influence control present decisions see supra held courts enter desegregation orders assigned students faculty reference race supra davis supra montgomery county board local school boards voluntarily adopt desegregation plans made express reference race necessary remedy effects past discrimination mcdaniel barresi supra moreover stated school boards even absence judicial finding past discrimination voluntarily adopt plans assigned students end creating racial pluralism establishing fixed ratios black white students school supra instance creation unitary school systems effects past discrimination eliminated root branch green supra recognized compelling social goal justifying overt use race finally conclusion state educational institutions may constitutionally adopt admissions programs designed avoid exclusion historically disadvantaged minorities even programs explicitly take race account finds direct support cases construing congressional legislation designed overcome present effects past discrimination congress outlawed actions disproportionately adverse unjustified impact upon members racial minorities required authorized action put individuals disadvantaged impact position otherwise might enjoyed see franks bowman transportation teamsters relief require predicate proof recipients preferential advancement individually discriminated enough recipient within general class persons likely victims discrimination see objection relief preference minorities upset settled expectations nonminorities see franks supra addition held congress remove barriers equal opportunity required employers use test criteria fairly reflect qualifications minority applicants nonminority applicants even means interpreting qualifications applicant light race see albemarle paper moody cases distinguished simply presence judicial findings discrimination remedies approved findings made mcdaniel barresi supra ujo see califano webster schlesinger ballard kahn shevin see also katzenbach morgan indeed requirement judicial determination constitutional statutory violation predicate remedial actions requirement severely undermine efforts achieve voluntary compliance requirements law society jurisprudence always stressed value voluntary efforts objectives law judicial intervention last resort achieve cessation illegal conduct remedying effects rather prerequisite action cases distinguished ground entity using explicit racial classifications violated fourteenth amendment antidiscrimination regulation remedies approved case see ujo opinion white joined brennan blackmun stevens jj opinion white joined rehnquist stevens jj cf califano webster supra kahn shevin supra moreover presence absence past discrimination universities employers largely irrelevant resolving respondent constitutional claims claims burdened actions university employer never adjudged violation antidiscrimination law less entitled deference claims burdened nonminority workers franks bowman transportation supra employer violated title vii case employees innocent past discrimination although might argued employer violated antidiscrimination law expectations nonminority workers products discrimination hence tainted see franks supra therefore easily upset argument made respect respondent reasonable conclude hold failure minorities qualify admission davis regular procedures due principally effects past discrimination reasonable likelihood pervasive racial discrimination respondent failed qualify admission even absence davis special admissions program thus cases title vii civil rights act held order achieve minority participation previously segregated areas public life congress may require authorize preferential treatment likely disadvantaged societal racial discrimination legislation sustained even without requirement findings intentional racial discrimination required authorized accord preferential treatment determination benefited suffered racial discrimination decisions compel conclusion also may adopt programs designed overcome substantial chronic minority representation reason believe evil addressed product past racial discrimination title vii enacted pursuant congress power commerce clause fourteenth amendment extent congress acted commerce clause power restricted use race governmental decisionmaking equal protection component due process clause fifth amendment precisely extent fourteenth amendment therefore extent title vii rests commerce clause power decisions franks teamsters implicitly recognize affirmative use race consistent equal protection component fifth amendment therefore fourteenth amendment extent congress acted pursuant fourteenth amendment cases impliedly recognize congress empowered provision accord preferential treatment victims past discrimination order overcome effects segregation see reason conclude voluntarily accomplish fourteenth amendment congress fourteenth amendment validly may authorize compel either private persons contrary position conflict traditional understanding recognizing competence initiate measures consistent federal policy absence congressional subject matter nothing whatever legislative history either fourteenth amendment civil rights acts even remotely suggests foreclosed furthering fundamental purpose equal opportunity amendment acts addressed indeed voluntary initiatives achieve national goal equal opportunity recognized essential attainment use fourteenth amendment sword state power stultify amendment railway mail assn corsi frankfurter concurring therefore conclude davis goal admitting minority students disadvantaged effects past discrimination sufficiently important justify use admissions criteria properly construed therefore prior cases unequivocally show state government may adopt programs purpose programs remove disparate racial impact actions might otherwise reason believe disparate impact product past discrimination whether society large question davis program valid test certainly basis undisputed factual submissions davis sound basis believing problem representation minorities substantial chronic problem attributable handicaps imposed minority applicants past present racial discrimination least practice medicine country fact law largely prerogative whites example negroes constituted total population negro physicians constituted total number physicians overwhelming majority moreover educated two predominantly negro medical schools howard meharry gap proportion negroes medicine proportion population widened number negroes employed medicine remained frozen negro population increased number negro admittees predominantly white medical schools moreover declined absolute numbers years odegaard moreover davis good reason believe national pattern underrepresentation minorities medicine perpetuated retained single admissions standard example entering classes years standard used included chicano negroes admittees year relief pattern underrepresentation statistics regular admissions program later years davis clearly conclude serious persistent underrepresentation minorities medicine depicted statistics result handicaps minority applicants labor consequence background deliberate purposeful discrimination minorities education society generally well medical profession inception national life negroes subjected unique legal disabilities impairing access equal educational opportunity slavery penal sanctions imposed upon anyone attempting educate negroes enactment fourteenth amendment continued deny negroes equal educational opportunity enforcing strict policy segregation stamped negroes inferior brown relegated minorities inferior educational institutions denied intercourse mainstream professional life necessary advancement see sweatt painter segregation limited public facilities moreover enforced criminal penalties private action well thus late enforced state criminal conviction private college teaching negroes together whites berea college kentucky see also plessy ferguson green county school board gave explicit recognition fact habit discrimination cultural tradition race prejudice cultivated centuries legal slavery segregation immediately dissipated brown supra announced constitutional principle equal educational opportunity participation aspects american life denied basis race rather massive official private resistance prevented lesser extent still prevents attainment equal opportunity education levels professions generation minority students applying davis medical school since opened born time brown decided clearly victims discrimination judicial decrees recognizing discrimination public education california testify fact widespread discrimination suffered minority applicants many minority group members living california moreover born reared school districts southern segregated law since separation schoolchildren race generates feeling inferiority status community may affect hearts minds way unlikely ever undone brown supra conclusion inescapable applicants medical school must indeed endured effects de jure segregation resistance brown equally debilitating pervasive private discrimination fostered long history official discrimination cf reitman mulkey yet come starting line education equal whites moreover need rest solely conclusion davis sound reason believe effects past discrimination handicapping minority applicants medical school department health education welfare expert agency charged congress promulgating regulations enforcing title vi civil rights act see supra also reached conclusion race may taken account situations failure limit participation minorities federally funded programs regulations promulgated department expressly contemplate appropriate programs may adopted universities remedy unequal access university programs caused past societal discrimination see supra discussing cfr ii questioned absence special admissions program access minority students medical school severely limited accordingly admissions deemed appropriate response federal regulations moreover department regulatory policy one gone unnoticed congress see supra indeed although amendment appropriations bill introduced last year prevented secretary health education welfare mandating programs university admissions proponents measure significantly question validity voluntary implementation admissions criteria see ibid circumstances conclusion implicit regulations lingering effects past discrimination continue make remedial programs appropriate means ensuring equal educational opportunity universities deserves considerable judicial deference see katzenbach morgan ujo opinion concurring part second prong test whether davis program stigmatizes discrete group individual whether race reasonably used light program objectives clearly satisfied davis program even claimed davis program way operates stigmatize single discrete insular even identifiable nonminority group harm comparable imposed upon racial minorities exclusion separation grounds race likely result program example establish exclusive preserve minority students apart exclusive whites rather purpose overcome effects segregation bringing races together true whites excluded participation special admissions program fact operates reduce number whites admitted regular admissions program order permit admission reasonable percentage less proportion california population otherwise underrepresented qualified minority applicants bakke sense stamped inferior medical school rejection indeed conceded satisfied criteria regarded school generally relevant academic performance better minority members admitted moreover absolutely basis concluding bakke rejection result davis use racial preference affect throughout life way segregation negro school children brown affected unlike discrimination racial minorities use racial preferences remedial purposes inflict pervasive injury upon individual whites sense wherever go whatever significant likelihood treated citizens color distinction mean exclusion white resulting preferential use race sufficiently serious require justification mean injury inflicted policy distinguishable disadvantages caused wide range government actions none ever thought impermissible reason alone addition simply evidence davis program discriminates intentionally unintentionally minority group purports benefit program establish quota invidious sense ceiling number minority applicants admitted program reasonably regarded stigmatizing program beneficiaries race inferior davis program simply advance less qualified applicants rather compensates applicants uncontested fully qualified study medicine educational disadvantages reasonable conclude product discrimination admitted students must satisfy degree requirements regularly admitted students taught faculty classes performance evaluated standards regularly admitted students judged circumstances performance degrees must regarded equally regularly admitted students compete standing since minority graduates justifiably regarded less well qualified nonminority graduates virtue special admissions program reasonable basis conclude minority graduates schools using programs stigmatized inferior existence programs disagree lower courts conclusion davis program use race unreasonable light objectives first petitioner argues practical means achieve ends foreseeable future without use measures respect factor poverty family educational background may used substitute race indicator past discrimination whites greatly outnumber racial minorities simply whites make far larger percentage total population therefore far outnumber minorities absolute terms every level example class recent medical school applicants families less income least white families headed person high school graduate included related children white racial minorities moreover race positively correlated differences gpa mcat scores economic disadvantage thus appears economically disadvantaged whites score less well economically advantaged whites economically advantaged blacks score less well disadvantaged whites statistics graphically illustrate university purpose integrate classes compensating past discrimination achieved general preference economically disadvantaged children parents limited education unless groups make entire class second davis admissions program simply equate minority status disadvantage rather davis considers individual basis applicant personal history determine whether likely disadvantaged racial discrimination record makes clear minority applicants likely isolated mainstream american life considered special program minority applicants eligible regular admissions program true procedure disadvantage detected informal never insisted educators conduct affairs adjudicatory proceedings insistence misplaced inquiry extent individual applicant affected either directly indirectly racial discrimination seem practical matter virtually impossible despite fact excellent reasons concluding effects generally exist individual measurement impossible extremely impractical nothing prevent state using categorical means achieve ends least category closely related goal cf gaston county katzenbach morgan clear cases specific proof person victimized discrimination necessary predicate offering relief probability victimization great see teamsters finally davis special admissions program said violate constitution simply set aside predetermined number places qualified minority applicants rather using minority status positive factor considered evaluating applications disadvantaged minority applicants purposes constitutional adjudication difference two approaches admissions program accords special consideration disadvantaged racial minorities determination degree preference given unavoidable given preference results exclusion white candidate less constitutionally acceptable program davis furthermore extent preference inevitably depends many minority applicants particular school seeking admit particular year long number qualified minority applicants exceeds number sensible certainly constitutional distinction example adding set number points admissions rating disadvantaged minority applicants expression preference expectation result admission approximately determined number qualified minority applicants setting fixed number places applicants done harvard program see ante employing readily concede openly successfully employs racial criterion purpose ensuring scarce places institutions higher education allocated disadvantaged minority students harvard approach also make public extent preference precise workings system davis program employs specific openly stated number condemn latter plan purposes fourteenth amendment adjudication may harvard plan acceptable public davis quota state including california free adopt preference less acceptable alternative generally free far constitution concerned abjure granting racial preferences admissions program basis preferring particular preference program simply achieving goals davis medical school pursuing proceeds manner immediately apparent public accordingly reverse judgment california holding medical school special admissions program unconstitutional directing respondent admission well portion judgment enjoining medical school according consideration race admissions process also agree justice powell plan like harvard plan see ante constitutional approach least long use race achieve integrated student body necessitated lingering effects past discrimination see plessy ferguson new orleans city park improvement assn detiege muir louisville park theatrical mayor baltimore dawson holmes atlanta gayle browder see green county school board see swann board education davis school mobile county north carolina board education swann see cases collected monell new york city dept social services section title vi provides person shall ground race color national origin excluded participation denied benefits subjected discrimination program activity receiving federal financial assistance justice white believes address issue accordingly filed separate opinion stating view private right action title vi see post simple justice requires public funds taxpayers races contribute spent fashion encourages entrenches subsidizes results racial discrimination direct discrimination federal state local governments prohibited constitution indirect discrimination use federal funds invidious necessary resort courts prevent individual violation congress executive responsibilities uphold constitution also many statutes providing federal financial assistance however define precision administrator role conditions upon specified amounts shall given designated recipients amount administrative discretion remaining might used withhold funds discrimination ended best questionable administrator unlimited authority invoke constitution opposition mandate congress always helpful require unconditionally often proposed withdrawal federal funds programs urgently needed negroes well whites may penalize least deserve without ending discrimination instead permitting issue become political device often exploited opposed social economic progress better time pass single comprehensive provision making clear federal government required statute furnish kind financial assistance way grant loan contract guaranty insurance otherwise program activity racial discrimination occurs permit federal government cut federal aid kinds means punishing area discrimination occurring therein clarify authority administrator respect federal funds financial assistance discriminatory practices cong rec see cong rec dawson ryan matsunaga donahue also language enacted supports conclusion title vi standard constitution section provides purpose determining whether local educational agency compliance title vi compliance agency final order judgment federal desegregation school school system operated agency shall deemed compliance title vi insofar matters covered order judgment concerned provision clearly intended avoid subjecting local educational agencies simultaneously jurisdiction federal courts federal administrative agencies connection imposition remedial measures designed end school segregation inclusion reflects congressional judgment requirements imposed title vi identical imposed constitution interpreted federal courts already seen proponents title vi house motivated identical concern see remarks representative celler cong rec representative ryan pt additional views seven representatives see separate opinion justice white post remarks also reflect expectations title vi proponents application constitution conduct core concern segregation negroes federally funded programs exclusion full benefits programs clear see supra infra testimony attorney general kennedy hearings senate committee judiciary see cong rec humphrey javits allott brother stevens finds support colorblind theory title vi legislative history interpretation gives undue weight isolated passages among thousands pages legislative history title vi see humphrey pastore allott kuchel fragmentary comments fall far short supporting congressional intent prohibit racially conscious admissions program designed assist likely suffered injuries effects past discrimination first place statements must read context made concern speakers far removed incidental injuries may inflicted upon use racial preferences rather evil segregation negroes federally financed programs cases arbitrary exclusion account race benefits programs indeed context doubt fourteenth amendment command color blindness forbids use racial criteria consideration given legislators however permissibility racial preference designed redress effects injuries suffered result one color significantly one legislators senator pastore perhaps also senator kuchel described title vi proscribing decisionmaking based upon skin color also made clear title vi outlaw use racial criteria circumstances see supra cong rec see also celler moreover many statements legislative history explicitly indicating congress intended neither require prohibit remedial use racial preferences otherwise required prohibited constitution representative macgregor addressed directly problem preferential treatment mail mine contacts mine constituents indicates great degree misunderstanding bill people complain racial balancing public schools open occupancy housing preferential treatment quotas employment mistaken belief congress legislating areas bill drafted bill excluded issues largely problems raised controversial questions properly handled governmental level close american people communities individuals senate spelled intentions specifically much said scattered remarks found legislative history title vii civil rights act et seq ed supp prohibits employment discrimination basis race terms somewhat similar contained title vi see unlawful fail refuse hire applicant individual race color religion sex national origin effect deliberate attempt employer maintain racial balance required statute might fact violate see cong rec sens clark case humphrey goodell indication congress intended bar voluntary use racial preferences assist minorities surmount obstacles imposed remnants past discrimination even assuming title vii prohibits employers deliberately maintaining particular racial composition work force end imply absence consideration question congress intended bar use racial preferences tool achieving objective remedying past discrimination compelling ends former may well contrary requirements fourteenth amendment state action involved latter presents different constitutional considerations indeed discussed infra construed title vii requiring use racial preferences purpose hiring advancing adversely affected past discriminatory employment practices even expense employees innocent discrimination franks bowman transportation although title vii clearly require employers take action remedy disadvantages imposed upon racial minorities hands objective perfectly consistent remedial goals statute see albemarle paper moody indication legislative history title vii title vi congress desired prohibit affirmative action extent permitted constitution yet judicial decisions well subsequent executive congressional action clearly establish title vii forbid remedial action see infra hew stated purpose regulations specify affirmative steps make services equitably available prohibited steps required necessary overcome consequences prior discrimination fed reg federal agencies provide financial assistance pursuant title vi adopted similar regulations see supplemental brief amicus curiae moreover president delegated attorney general responsibility coordinating enforcement title vi federal departments agencies directed assist departments agencies accomplishing effective implementation exec order cfr accordingly views solicitor general well hew use racial preferences remedial purposes consistent title vi entitled considerable respect hew administers least two explicitly programs details concerning may found office management budget catalogue federal domestic assistance first program minority biomedical support objectives increase number ethnic minority faculty students investigators engaged biomedical research broaden opportunities participation biomedical research ethnic minority faculty students investigators providing support biomedical research programs eligible institutions second program entitled minority access research careers objective assist minority institutions train greater numbers scientists teachers health related fields grants program made directly individuals institutions purpose enabling make grants individuals conf cong rec see res sess pub stat stat cong rec see brooke addition enactment quota provision discussed supra congress also passed acts mandating measures overcome disadvantages experienced racial minorities although statutes less direct bearing upon meaning title vi demonstrate congress believes remedial measures permissible desirable least circumstances turn undercuts likelihood congress intended limit voluntary efforts implement similar measures example national science foundation authorization act provides director national science foundation shall initiate intensive search qualified women members minority groups handicapped individuals fill executive level positions national science foundation carrying requirement subsection director shall work closely organizations active seeking greater recognition utilization scientific technical capabilities minorities women handicapped individuals director shall improve representation minorities women handicapped individuals advisory committees review panels mechanisms scientific community provides assistance foundation stat note following perhaps importantly act also authorizes funding minority centers graduate education section act stat requires centers substantial minority student enrollment geographically located near minority population centers demonstrate commitment encouraging assisting minority students researchers faculty serve regional resource science engineering minority community center designed serve develop joint educational programs nearby undergraduate institutions higher education substantial minority student enrollment cf griggs duke power ibid albemarle paper moody franks bowman transportation teamsters executive judicial congressional action subsequent passage title vii conclusively established title bar remedial use race prior amendments title vii equal employment opportunity act stat number courts appeals approved action remedy effects employment discrimination see heat frost insulators asbestos workers vogler electrical workers cert denied sheetmetal workers president issued exec order cfr comp amended exec order cfr comp required federal contractors take affirmative action remedy disproportionately low employment racial minorities construction industry attorney general issued opinion concluding race consciousness required exec order conflict title vii correct say title vii prohibits employers making race national origin factor consideration stage process obtaining employees legal definition discrimination evolving one well recognized judicial opinions obligation nondiscrimination whether imposed statute constitution require circumstances may permit obliviousness indifference racial consequences alternative courses action involve application outwardly neutral criteria op atty area new law address areas specific contrary intent indicated assumed present case law developed courts continue govern applicability construction title vii legislative history equal employment opportunity act comm print jewish organizations carey see also opinion white pause debate whether cases establish analysis sliding scale analysis something else altogether enough present purposes strict scrutiny applied least cases course fact whites constitute political majority nation necessarily mean active judicial scrutiny racial classifications disadvantage whites inappropriate cf castaneda partida marshall concurring conclusion resisted reason refusal issue permits chinese exists except hostility race nationality petitioners belong discrimination therefore illegal indeed even plessy ferguson recognized classification race presumed one race inferior another condemned see paradoxically petitioner argument supported cases generally thought establish strict scrutiny standard race cases hirabayashi korematsu hirabayashi example responding claim racial classification rational sustained racial classification solely basis conclusion double negative say facts might available afford ground differentiating citizens japanese ancestry groups similar mode analysis followed korematsu see even though stated racial classifications immediately suspect subject rigid scrutiny disagree brother powell suggestion ante presence rival groups claim entitled preferential treatment distinguishes gender cases relevant question scope judicial review race classifications asked determine whether groups favored davis program similarly favored asked pronounce constitutionality davis done asked decide whether given rival group example must constitutionally accorded preferential treatment principled basis ante deciding question one well established cases davis program expressly sets four classes receive preferred status ante program clearly distinguishes whites one reason conclusion national group singled invidious treatment even davis program differential impact constitutional claim unless prove davis intended invidiously discriminate see arlington heights metropolitan housing dev washington davis shown principle calls closest scrutiny distinctions laws denying fundamental rights inapplicable katzenbach morgan question whether rational davis conclude groups preferred greater claim compensation groups excluded see ibid san antonio independent school district rodriguez applying katzenbach test state action intended remove discrimination educational opportunity thus claims rival groups although may create thorny political problems create relatively simple problems courts gunther term foreword search evolving doctrine changing model newer equal protection harv rev albemarle approved differential validation employment tests see procedure requires employer must ensure test score example minority job applicant means thing score nonminority applicant implication determined test score minority corresponded potential employment whites test used consistently title vii unless employer hired minorities scores even though might hire nonminority applicants scores thus clear employers ensure equal opportunity may adopt hiring practices indeed titles vi vii civil rights act put great emphasis voluntarism remedial action see supra significantly equal employment opportunity commission recently proposed guidelines authorizing employers adopt racial preferences remedial measure reasonable basis believing might otherwise held violation title vii see fed reg voting rights act prohibition dependent upon proving past unconstitutional apportionments state powerless minimize consequences racial discrimination voters regularly practiced polls cases distinguished suggesting brother powell none anyone deprived relevant benefit ante school cases deprived whites neighborhood school choice title vii cases deprived nondiscriminating employees settled seniority expectations ujo deprived hassidim strength injuries constitutionally cognizable respondent understand justice powell disagree providing remedy past racial prejudice constitute compelling purpose sufficient meet strict scrutiny see ante yet petitioner corporation administering university allow exercise power absence judicial legislative administrative findings constitutional statutory violations ante agree reversal case follow fortiori davis guilty invidious racial discrimination federal statute mandated universities refrain applying admissions policy disparate unjustified racial impact see mcdaniel barresi franks bowman transportation think constitutional significance davis adjudged generally manner state chooses delegate governmental functions decide cf sweezy new hampshire frankfurter concurring result california constitutional provision chosen place authority operation university california board regents see cal art control university found legislature rather regents vested full legislative including policymaking administrative adjudicative powers citizens california see ibid ishimatsu regents cal app cal rptr goldberg regents cal app cal rptr op cal atty regents legislature general power regard university certainly permissible choice see sweezy supra unlike brother powell find nothing equal protection clause requires us depart established principle limiting scope power regents may exercise narrowly powers may constitutionally wielded assembly regents exercise plenary legislative administrative power elevates form substance insist davis use remedial programs adjudged violation constitution antidiscrimination statute equal protection clause required violation predicate regents simply promulgated regulation prohibiting disparate treatment justified need admit qualified students declared davis violation regulation basis exclusionary effect admissions policy applied first two years operation see infra equal protection analysis fifth amendment area fourteenth amendment buckley valeo per curiam citing weinberger wiesenfeld railway mail assn held state statute forbidding racial discrimination certain labor organizations abridge association due process rights secured fourteenth amendment result distortion policy manifested amendment adopted prevent state legislation designed perpetuate discrimination basis race color case thus established principle state voluntarily go beyond fourteenth amendment required eliminating private racial discrimination according schools responding questionnaire sent medical schools medical schools except howard meharry substantial efforts admit minority students begin year earliest year involvement schools additional became involved years see odegaard minorities medicine receptive passivity positive action hereinafter odegaard efforts reflected significant increase percentage minority graduates number american negro graduates increased significant percentage increases number american indian mainland puerto rican graduates also recorded years statistical information cited following notes compiled government officials medical educators brought attention many briefs neither parties amici challenge validity statistics alluded discussion reitzes negroes medicine pp xxvii example percentage negro physicians graduated trained schools ranged see odegaard dept health education welfare minorities women health fields pub hra may dept commerce bureau census census vol pt table see ante opinion powell see wade slavery cities south pp example unequal facilities california schools see soria oxnard school dist board supp cd cal see also kluger simple justice see crawford board education cal soria oxnard school dist board supra spangler pasadena city board education supp cd cal wollenberg deliberate speed segregation exclusion california schools pp example negro males aged residing california born south statistic females statistics computed data contained census supra pt california tables see preferential admissions equalizing access minority groups higher education yale congress executive also adopted series programs predicated understanding equal opportunity achieved neutrality effects past present discrimination see supra negroes chicanos alone constitute approximately california population percentage computed data contained census supra pt california sec table constitutionality special admissions program buttressed restriction positions medical school percentage less minority population california see minority applicants deemed qualified admission deemed likely contribute medical school medical profession record consistent goal putting minority applicants position evil racial discrimination accordingly case raise question whether even remedial use race unconstitutional admitted unqualified minority applicants preference qualified applicants admitted result preferential consideration racial minorities numbers significantly excess proportional representation relevant population programs might well inadequately justified legitimate remedial objectives allusion proportional percentage minorities population state administering program intended establish either figure population universe constitutional benchmark case even respondent understand argue special admissions program otherwise constitutional allotment places entering class special admittees unconstitutionally high see census supra sources structure family income pp percentage computed data presented waldman economic racial disadvantage reflected traditional medical school selection factors study applicants medical schools table table association american medical colleges figure computed data contained census supra pt summary table see waldman supra figures excluded white applicant despite justice powell contention contrary ante receives less individualized consideration approach justice white write separately concerning question whether title vi civil rights act et provides private cause action four justices apparently view private cause action exists four justices assume purposes case unwilling merely assume affirmative answer fact private cause action exists lower courts well without jurisdiction consider respondent title vi claim see obliged least advisable address threshold jurisdictional issue see griffin furthermore inappropriate address constitutional issues without determining whether statutory grounds urged us dispositive least questionable practice adjudicate novel difficult statutory issue without first considering whether jurisdiction decide consequently address question whether respondent may bring suit title vi private cause action title vi terms civil rights act whole title consistent underlying purposes legislative scheme contrary legislative intent cort ash title ii et dealing public accommodations title vii et seq ed supp dealing employment proscribe private discriminatory conduct neither constitution federal statutes construed forbid titles carefully provided private actions well official participation enforcement title iii et title iv et seq ed supp dealing public facilities public education respectively authorize suits attorney general eliminate racial discrimination areas suits end discrimination public facilities public education already available course unnecessary provide private actions titles iii iv title carefully provided provisions public actions adversely affect private remedies role title vi terminate federal financial support public private institutions programs discriminated basis race section imposed proscription person grounds race color national origin excluded discriminated program activity receiving federal financial assistance express provision private actions enforce title vi quite incredible congress carefully attending matter private actions titles act intended silently create private cause action enforce title vi also evident face congress intended departments agencies define refine rule regulation general proscription subject judicial review agency action accordance established procedures section provides enforcement every federal department agency furnishing financial support implement proscription appropriate rule regulation requires approval president termination funding sanction noncompliance authorized hearing failure voluntary means secure compliance moreover termination may take place department agency involved files appropriate committees house senate full written report circumstances grounds action days elapsed thereafter judicial review provided least actions terminating financial assistance termination funding regarded congress serious enforcement step legislative history replete assurances occur every possibility conciliation exhausted allow private individual sue cut funds title vi compromise assurances short circuit procedural preconditions provided title vi federal government may cut funds except pursuant agency rule approved president presented appropriate committee congress layover period voluntary means achieve compliance failed inconceivable congress intended permit individuals circumvent administrative prerequisites furthermore although congress intended title vi end federal financial support racially discriminatory policies public also private institutions programs extremely unlikely congress without word indicating intended contemplated creating independent private statutory cause action private well public agencies might violation section doubt congress regarded private litigation important tool attack discriminatory practices follow however congress anticipated new private actions title vi wherever discriminatory program public undertaking public school private remedies already available statutes private remedy title vi unnecessary congress well aware fact significantly frequent reference simkins moses cone memorial hospital cert denied throughout congressional deliberations see cong rec humphrey simkins held appropriate circumstances operation private hospital massive use public funds extensive sharing common plan constituted state action purposes fourteenth amendment unnecessary course create title vi private action private discriminators already within reach existing private remedies simkins carefully disclaimed holding every subvention federal state government automatically involves beneficiary state action ibid difficult believe congress silently created private remedy terminate conduct previously entirely beyond reach federal law believe contrary views title vi intended create stricter standard color blindness constitution requires result private cause action follows even readily case congress must seen banned degrees discrimination well types discriminators previously reached law congress careful enough provide existing private causes action preserved titles iii iv leave inference vast new extension private enforcement power congress exceptionally concerned satisfaction procedural preliminaries confronting fund recipients choice cutoff stopping discriminating permit private parties pose precisely dilemma greatly widened category cases procedural requirements whatsoever significantly least three instances legislators played major role passage title vi explicitly stated private right action title vi exist indication legislative intent explicit implicit either create remedy deny one cort ash clearer statements imagined cort explicit purpose deny cause action controlling senator keating example proposed private right sue person suffering discrimination department justice refused include senator acquiesced neutral ambiguous statements indicate absence legislative intent create private remedy statements make nice distinctions private cause action enjoin discrimination one cut funds justice stevens three justices join opinion apparently see post indeed odd since practical effect either type private cause action identical private suits enjoin conduct allegedly violative permitted recipients federal funds presented choice either ending rather agency determined discriminatory practice within meaning title vi refusing federal funds thereby escaping statute jurisdictional predicate precisely choice confront recipients suit brought cut funds types actions equally jeopardize administrative processes carefully structured law always required inference private cause action otherwise authorized statute must consistent evident legislative intent course effectuation purposes intended served act national railroad passenger national association railroad passengers see also securities investor protection barbour private cause action title vi unable satisfy either prong test colleagues either different view assumes private cause action however merits title vi issue must addressed views regard well views respect equal protection issue included joint opinion brothers brennan marshall blackmun filed also clear griffin lack jurisdiction touching subject matter litigation waived parties see also mount healthy city bd ed doyle louisville nashville mottley mansfield swan lau nichols adjudicate title vi claim brought class individuals existence private cause action issue addition understanding justice stewart concurring opinion observed standing contested standing alleged petitioners beneficiaries funding contract department health education welfare san francisco school district theory alleged present respondent furthermore plaintiffs lau alleged jurisdiction rather directly provisions title vi plaintiff case although undoubtedly obligation consider jurisdictional question surely first instance bypassed jurisdictional problem presented parties certainly silence jurisdictional question considered context indifference litigants fact jurisdiction alleged foreclose reasoned conclusion title vi affords private cause action yet principle federal funds used support racial discrimination implemented detriment person agency state regulations giving notice conduct required must drawn agency administering program regulations become effective must submitted approved president become effective still long road travel sanction whatsoever imposed formal action compel compliance take place following occurred first must unsuccessful attempt obtain voluntary compliance second must administrative hearing third written report circumstances grounds action must filed appropriate committees house senate fourth days must elapsed filing action denying benefits federal program finally even action means final subject judicial review postponed judicial action granting temporary relief pending review order avoid irreparable injury difficult indeed concoct additional safeguards incorporate procedure cong rec moss authority cut funds hedged number procedural restrictions follow details preliminary steps short title vi reasonable moderate cautious carefully worked solution situation clearly calls legislative action humphrey actually action whatsoever taken anyone federal agency involved advised appropriate person failure comply nondiscrimination requirements voluntary efforts secure compliance failed celler emphasis added see also remarks ribicoff proxmire kuchel safeguards incorporated never held mere receipt federal state funds sufficient make recipient federal state actor norwood harrison private schools received state aid held subject fourteenth amendment ban discrimination test required tangible financial aid significant tendency facilitate reinforce support private discrimination mandate burton wilmington parking authority sift facts weigh circumstances governmental support case determine whether private state action involved abandoned automatic rule based receipt funds contemporaneous congressional debates civil rights act decision griffin school board tuition grants tax concessions provided parents students private schools discriminated racially found sufficient state action carefully limited holding circumstances presented losing prince edward schools meanwhile contributing support private segregated white schools took place denied petitioners equal protection laws hence neither time enactment title vi present time extent spoken mere receipt state funds created state action moreover simkins met universal approval among courts appeals see cases cited greco orange memorial hospital white dissenting denial certiorari nowhere section find comparable right legal action person feels denied rights participate benefits federal funds nowhere cut go present claim cong rec gill good case made remedy provided state local official practicing discrimination none provided victim discrimination kuchel parenthetically favored inclusion right sue part agency state facility deprived federal funds also favored inclusion provision granting right sue person suffering discrimination included bill however senator connecticut grateful suggestions adopted justice department keating ibid senator ribicoff stated sometimes eligible federal assistance may elect reject aid unwilling agree nondiscrimination requirement choose course responsibility also join parts justice powell opinion justice marshall agree judgment insofar permits university consider race applicant making admissions decisions agree petitioner admissions program violates constitution must remembered past years constitution interpreted prohibit ingenious pervasive forms discrimination negro state acts remedy effects legacy discrimination believe constitution stands barrier three hundred fifty years ago negro dragged country chains sold slavery uprooted homeland thrust bondage forced labor slave deprived legal rights unlawful teach read sold away family friends whim master killing maiming crime system slavery brutalized dehumanized master slave denial human rights etched american colonies first attempts establishing colonists determined seek independence england drafted unique document cataloguing grievances king proclaiming men created equal endowed certain unalienable rights including life liberty pursuit happiness truths unalienable rights intended however apply white men earlier draft declaration independence submitted thomas jefferson continental congress included among charges king waged cruel war human nature violating sacred rights life liberty persons distant people never offended captivating carrying slavery another hemisphere incur miserable death transportation thither franklin implicit protection slavery embodied declaration independence made explicit constitution treated slave equivalent person purposes apportioning representatives taxes among art constitution also contained clause ensuring migration importation slaves existing legal least art fugitive slave clause requiring slave escaped another state must returned claim master art iv declaration principles provide cornerstone new nation therefore framers made plain people whose protection constitution designed include whose skins wrong color professor john hope franklin observed americans proudly accepted challenge responsibility new political freedom establishing machinery safeguards insured continued enslavement blacks franklin individual likewise established machinery protect system slavery promulgation slave codes designed primarily defend property interest owner slave position negro slave mere property confirmed dred scott sandford holding missouri compromise prohibited slavery portion louisiana purchase territory north missouri unconstitutional deprived slave owners property without due process declared constitution slave property right traffic like ordinary article merchandise property guarantied citizens concluded negroes intended included citizens constitution regarded beings inferior order altogether unfit associate white race either social political relations far inferior rights white man bound respect status negro property officially erased emancipation end civil war emancipation freeing negro slavery bring citizenship equality meaningful way slavery replaced system laws imposed upon colored race onerous disabilities burdens curtailed rights pursuit life liberty property extent freedom little value cases wall despite passage thirteenth fourteenth fifteenth amendments negro systematically denied rights amendments supposed secure combined actions inactions state federal governments maintained negroes position legal inferiority another century civil war southern took first steps negroes immediately following end civil war many provisional legislatures passed black codes similar slave codes among things limited rights negroes rent property permitted imprisonment breach employment contracts next several decades south managed disenfranchise negroes spite fifteenth amendment various techniques including poll taxes deliberately complicated balloting processes property literacy qualifications finally white primary congress responded legal disabilities imposed southern passing reconstruction acts civil rights acts congress also responded needs negroes end civil war establishing bureau refugees freedmen abandoned lands better known freedmen bureau supply food hospitals land education newly freed slaves thus time seemed negro might protected continued denial civil rights might relieved disabilities prevented taking place free equal citizen time however reconstruction came close assistance negro rapidly stripped new civil rights words vann woodward narrow ingenious interpretation decisions period years whittled away great part authority presumably given government protection civil rights woodward began interpreting civil war amendments manner sharply curtailed substantive protections see cases supra reese cruikshank notorious civil rights cases strangled congress efforts use power promote racial equality cases invalidated sections civil rights act made crime deny equal access inns public conveyances theaters places public amusement according fourteenth amendment gave congress power proscribe discriminatory action state ruled negroes excluded public places suffered invasion social rights hands private individuals congress power remedy man emerged slavery aid beneficent legislation shaken inseparable concomitants state concluded must stage progress elevation takes rank mere citizen ceases special favorite laws justice harlan noted dissent however civil war amendments civil rights acts make negroes special favorite laws instead sought accomplish reference race already done every state union white race secure protect rights belonging freemen citizens nothing ultimate blow civil war amendments equality negroes came plessy ferguson upholding louisiana law required railway companies provide equal separate accommodations whites negroes held fourteenth amendment intended abolish distinctions based upon color enforce social distinguished political equality commingling two races upon terms unsatisfactory either ignoring totally realities positions two races remarked consider underlying fallacy plaintiff argument consist assumption enforced separation two races stamps colored race badge inferiority reason anything found act solely colored race chooses put construction upon fears justice harlan soon realized wake plessy many expanded jim crow laws time limited primarily passenger trains schools segregation races extended residential areas parks hospitals theaters waiting rooms bathrooms even statutes ordinances authorized separate phone booths negroes whites required textbooks used children one race kept separate used required negro white prostitutes kept separate districts plessy charlestown news courier printed parody jim crow laws must jim crow cars railroads jim crow cars street railways also passenger boats jim crow cars moreover jim crow waiting saloons stations jim crow eating houses jim crow sections jury box separate jim crow dock witness stand every jim crow bible colored witnesses kiss woodward laws restricting rights negroes limited solely southern many northern negro denied right vote prevented serving juries excluded theaters restaurants hotels inns president wilson federal government began require segregation government buildings desks negro employees curtained separate bathrooms separate tables cafeterias provided even galleries congress segregated segregationist policies attacked president wilson responded segregation humiliating benefit rendering negroes safe possession office less likely discriminated kluger enforced segregation races continued middle century world wars negroes part confined separate military units end segregation military ordered president truman history exclusion negro children white public schools well known recent require repeating negroes deliberately excluded public graduate professional schools thereby denied opportunity become doctors lawyers engineers like also well established course true jim crow laws decisions helped foster struck series decisions leading brown board education see morgan virginia sweatt painter mclaurin oklahoma state regents decisions however automatically end segregation move negroes position legal inferiority one equality legacy years slavery years citizenship wake emancipation easily eliminated ii position negro today america tragic inevitable consequence centuries unequal treatment measured benchmark comfort achievement meaningful equality remains distant dream negro negro child today life expectancy shorter five years white child negro child mother three times likely die complications childbirth infant mortality rate negroes nearly twice whites median income negro family median white family percentage negroes live families incomes poverty line nearly four times greater whites negro child reaches working age finds america offers significantly less offers white counterpart negro adults unemployment rate twice whites unemployment rate negro teenagers nearly three times white teenagers negro male completes four years college expect median annual income merely white male high school diploma although negroes represent population lawyers judges physicians dentists engineers college university professors relationship figures history unequal treatment afforded negro denied every point birth death impact past reflected still disfavored position negro light sorry history discrimination devastating impact lives negroes bringing negro mainstream american life state interest highest order fail ensure america forever remain divided society iii believe fourteenth amendment requires us accept fate neither history past cases lend support conclusion university may remedy cumulative effects society discrimination giving consideration race effort increase number percentage negro doctors long ago remarked fair construction section phrase civil war amendments necessary look purpose said pervading spirit evil designed remedy cases discrimination makes destitute suffering negroes destitute suffering white paupers proceeds upon distinction omitted case civil rights immunities already sufficiently protected possession political power absence case provided necessitates governmental protection app remarks phelps since congress considered rejected objections freedmen bureau act concerning special relief negroes also proposed fourteenth amendment inconceivable fourteenth amendment intended prohibit relief measures distortion policy manifested amendment adopted prevent state legislation designed perpetuate discrimination basis race color railway mail assn corsi hold barred state action remedy effects discrimination result pervert intent framers substituting abstract equality genuine equality amendment intended achieve demonstrated joint opinion past cases establish constitutionality remedial measures beginning school desegregation cases recognized even absent judicial legislative finding constitutional violation school board constitutionally consider race students making decisions see swann board education mcdaniel barresi noted moreover flat prohibition assignment students purpose creating racial balance must inevitably conflict duty school authorities disestablish dual school systems held swann constitution compel particular degree racial balance mixing past continuing constitutional violations found ratios likely useful starting points shaping remedy absolute prohibition use device even starting point contravenes implicit command green country school board reasonable methods available formulate effective remedy board education swann last term jewish organizations carey upheld new york reapportionment plan deliberately drawn basis race enhance electoral power negroes puerto ricans plan effect diluting electoral strength hasidic jewish community willing ujo sanction remedial use racial classification even though disadvantaged otherwise innocent individuals another case last term califano webster upheld provision social security laws discriminated men purpose permissible one redressing society longstanding disparate treatment women quoting califano goldfarb plurality opinion thus recognized permissibility remedying past societal discrimination use otherwise disfavored classifications nothing cases suggests university similarly act remedy past discrimination true ujo webster use disfavored classification predicated legislative administrative action neither case bodies made findings constitutional violations specific individuals benefited actually victims discrimination rather classification cases based determination group need remedy type past discrimination thus ample support conclusion university employ measures remedy past societal discrimination without need finding benefited actually victims discrimination iv applaud judgment university may consider race admissions process little ironic several hundred years discrimination negroes unwilling hold remedy discrimination permissible declining hold today judgment ignores fact several hundred years negroes discriminated individuals rather solely color skins unnecessary america individual negroes demonstrate victims racial discrimination racism society pervasive none regardless wealth position managed escape impact experience negroes america different kind degree ethnic groups merely history slavery alone also whole people marked inferior law mark endured dream america great melting pot realized negro skin color never even made pot differences experience negro make difficult accept negroes afforded greater protection fourteenth amendment necessary remedy effects past discrimination civil rights cases supra wrote negro emerging slavery must cease special favorite laws see supra light history last century yield view decision others willing human liberty fundamental rights american citizenship protection slavery rights masters fugitive slaves harlan dissenting need permit recognition special wards importantly willing plessy ferguson hold equal protection clause forbids differences treatment based race faced dilemma must remember however principle constitution appeared opinion lone dissenter majority rejected principle color blindness next years plessy brown board education nation law individual given special treatment based color skin legacy unequal treatment must permit institutions society give consideration race making decisions hold positions influence affluence prestige america far long doors positions shut negroes ever become fully integrated society one color person skin determine opportunities available must willing take steps open doors believe anyone truly look america past still find remedy effects past impermissible said case involves individual bakke university doubt however computer capable determining number persons institutions may affected decision case example told attorney general least federal agencies adopted regulations requiring recipients federal funds take affirmative action overcome effects conditions resulted limiting participation persons particular race color national origin supplemental brief amicus curiae emphasis added even guess number state local governments set programs may affected today decision fear come full circle civil war government started several affirmative action programs civil rights cases plessy ferguson destroyed movement toward complete equality almost century action taken nonaction tacit approval courts brown board education civil rights acts congress followed numerous programs stepping time stop programs type used university california history recounted perhaps well known require documentation must acknowledge authorities rely retelling franklin slavery freedom ed hereinafter franklin kluger simple justice hereinafter kluger woodward strange career jim crow ed hereinafter woodward dept commerce bureau census statistical abstract table table ibid dept commerce bureau census current population reports series table table dept labor bureau labor statistics employment earnings january table ibid dept commerce bureau census current population reports series table dept commerce bureau census statistical abstract supra table table based census indeed action university finds support regulations promulgated title vi department health education welfare approved president authorize federally funded institution take affirmative steps overcome past discrimination groups even institution guilty prior discrimination cfr ii justice blackmun participate fully course opinion ante bears names brothers brennan white marshall add general observations hold particular significance comments equal protection least early apparently small number less physicians attorneys medical law students members refer minority groups addition approximately negro physicians trained two medical schools ways found remedy situation country never achieve professed goal society race conscious yield one earnest hope time come affirmative action program unnecessary truth relic past hope reach stage within decade story brown board education decided almost quarter century ago suggests hope slim one time however beyond period claim transitional inequality must reach stage maturity action along line longer necessary persons regarded persons discrimination type address today ugly feature history instructive behind us number qualified indeed highly qualified applicants admission existing medical schools far exceeds number places available wholly apart racial ethnic considerations therefore selection process inevitably results denial admission many qualified persons indeed far number granted admission obviously denial deserving inescapable fact brought sharp focus allan bakke charged discrimination yet one disadvantaged medical school university california davis charged historical discrimination one theoretical solution need minority members higher education enlarge graduate schools desired qualified enter talk discrimination vanish unfortunately neither feasible realistic vast resources apparently required simply available need professional graduates strict numerical sense perhaps demonstrated particular real significance division davis theoretical philosophical social legal constitutional considerations necessarily apply case davis special admissions program focused lesser number places indeed somewhat ironic us deeply disturbed program race element consciousness yet aware fact institutions higher learning albeit undergraduate graduate level given conceded preferences point possessed athletic skills children alumni affluent may bestow largess institutions connections celebrities famous powerful programs admission institutions higher learning basically responsibility academicians administrators specialists employ judiciary contrast poorly trained administration management educational institutions beyond competence judges within special competence educators provided always educators perform within legal constitutional bounds therefore interference judiciary must rare exception rule ii course accept propositions fourteenth amendment rights personal racial ethnic distinctions stereotypes inherently suspect call exacting judicial scrutiny academic freedom special concern first amendment fourteenth amendment expanded beyond original concept recognized reached point justice powell ante quoting opinion mcdonald santa fe trail transp embraces broader principle enlargement mean however fourteenth amendment broken away moorings original intended purposes original aims persist distinct sense affirmative action face proper facts conflicts idealistic equality tension original fourteenth amendment tension constitutionally conceived constitutionally imposed part amendment nature complete equality achieved area sense constitutional equal protection shield emphasize particular decided cases easily brushed aside many course precisely point neither point racial factors given consideration school desegregation cases employment cases lau nichols jewish organizations carey sure may distinguished ground victimization directly present say victimization present members today minority groups although lesser perhaps different degree petitioners jewish organizations certainly complained bitterly reapportionment treatment rather doubt regard remedy imposed one improve group ability participate justice powell describes ante surely lau nichols looked ethnicity convinced justice powell seems difference davis program one employed harvard profound constitutionally significant line two thin indistinct one subjective application work conviction admission programs primarily educators willing accept representation harvard program one good faith administration practiced well professed agree program race ethnic background one many factors program better formulated davis system cynical course may say program harvard one may accomplish covertly davis concedes openly need go far despite aspect davis program within constitutional bounds though perhaps barely surely free stigma jewish organizations willing infer constitutional violation worth noting perhaps governmental preference stranger legal life see veterans preferences see programs see progressive income tax see indian programs may excuse ground specific constitutional protection indians benefited wards government nevertheless preferences exist may ignored admissions field indicated educational institutions always used geography athletic ability anticipated financial largess alumni pressure factors kind add additional components edges central question join brothers brennan white marshall general approach gratifying know least finds constitutional academic institution take race ethnic background consideration one factor among many administration admissions program presume factor always though perhaps conceded even admitted fact life however part real world part sooner get road toward accepting part real world shutting away us sooner difficulties vanish scene suspect impossible arrange program racially neutral way successful ask demand impossible order get beyond racism must first take account race way order treat persons equally must treat differently dare let equal protection clause perpetuate racial supremacy ultimate question beginning litigation among qualified one choose long time ago time measured nation chief justice wise farsighted said considering question must never forget constitution expounding mcculloch maryland wheat emphasis original let end legitimate let within scope constitution means appropriate plainly adapted end prohibited consist letter spirit constitution constitutional great generalities constitution content significance vary age age cardozo nature judicial process constitution mere lawyers document vehicle life spirit always spirit age wilson constitutional government justice stevens chief justice justice stewart justice rehnquist join concurring judgment part dissenting part always important outset focus precisely controversy particularly important case correct identification issues determine whether necessary appropriate express opinion legal status admissions program petitioner class action controversy two specific litigants allan bakke challenged petitioner special admissions program claiming denied place medical school race violation federal california constitutions title vi civil rights act et seq california upheld challenge ordered admitted state correct view university special program illegal bakke therefore unlawfully excluded medical school race affirm judgment regardless views legality admissions programs judgment originally entered trial contained four separate paragraphs two critical importance paragraph declared university special admissions program violated fourteenth amendment state constitution title vi trial order university admit bakke concluded bakke shown admitted special program instead paragraph judgment ordered university consider bakke application admission without regard race race applicant order include broad prohibition use race admissions process terms clearly limited university consideration bakke application university since ordered admit bakke paragraph trial order longer significance california holding challenged ruled trial incorrectly placed burden bakke showing admitted absence discrimination university conceded meet burden proving special admissions program result bakke failure admitted accordingly california directed trial enter judgment ordering bakke admission since order superseded paragraph trial judgment outstanding injunction forbidding consideration racial criteria processing applications therefore perfectly clear question whether race ever used factor admissions decision issue case discussion issue inappropriate ii petitioner respondent asked us determine legality university special admissions program reference constitution settled practice however avoid decision constitutional issue case fairly decided statutory ground one doctrine deeply rooted process constitutional adjudication pass questions constitutionality unless adjudication unavoidable spector motor mclaughlin important issue force doctrine case presented constitutional question undoubted unusual importance since however dispositive statutory claim raised inception case squarely decided portion trial judgment affirmed california plain duty confront petitioner prevail statutory issue necessary decide whether university admissions program violated equal protection clause fourteenth amendment iii section civil rights act stat provides person shall ground race color national origin excluded participation denied benefits subjected discrimination program activity receiving federal financial assistance title vi integral part civil rights act doubt legislation debated congress directly concerned legality reverse discrimination affirmative action programs attention focused problem hand glaring discrimination negroes exists throughout nation respect title vi federal funding segregated facilities genesis legislation however limit breadth solution adopted congress responded problem employment discrimination enacting provision protects races see mcdonald santa fe trail transp answer problem federally funding segregated facilities stands broad prohibition exclusion individual federally funded program ground race words house report title vi stands general principle person excluded participation ground race color national origin program activity receiving federal financial assistance pt emphasis added broad view title vi echoed throughout congressional debate stressed every one major spokesmen act petitioner contends however exclusion applicants basis race violate title vi exclusion carries racial stigma qualification limitation categorical prohibition exclusion justified statute history language entire section perfectly clear words follow excluded modify qualify explicit outlawing exclusion stated grounds legislative history reinforces reading suggestion allow exclusion non minority applicants came opponents legislation way discussion meaning word discrimination opponents feared term discrimination read mandating racial quotas racially balanced colleges universities pressed specific definition term order avoid possibility response proponents legislation gave repeated assurances act colorblind application senator humphrey senate floor manager act expressed position follows word discrimination used many case really means bill distinction treatment given different individuals different race religion national origin answer question meant discrimination race factor worry discrimination race internal revenue code provide colored people pay taxes pay taxes months later everyone else cong rec started treat americans americans fat ones thin ones short ones tall ones brown ones green ones yellow ones white ones americans need worry discrimination provisions civil rights act congress expression policy end racial discrimination may independently proscribe conduct constitution however need decide congruence lack congruence controlling statute constitution since meaning title vi ban exclusion crystal clear race basis excluding anyone participation federally funded program short nothing legislative history justifies conclusion broad language given natural meaning dealing distinct statutory prohibition enacted particular time particular concerns mind neither language prior interpretation suggests place civil rights act long debate simply constitutional appendage unmistakable terms act prohibits exclusion individuals federally funded programs race succinctly phrased senate debate title vi permissible say yes one person say another person color skin belatedly however petitioner argues title vi enforced private litigant claim unpersuasive context case bakke requested injunctive declaratory relief title vi petitioner joined issue question legality program title vi asking declaratory judgment compliance statute view litigation private cause action exist title vi petitioner questions availability private cause action first time question properly us see mcgoldrick compagnie generale transatlantique even petitioner original assumption accord federal courts consistent interpretation act date courts including unanimously concluded assumed private action may maintained title vi taken position amicus curiae brief directed specific issue concluded remedy clearly available congress repeatedly enacted legislation predicated assumption title vi may enforced private action conclusion individual may maintain private cause action amply supported legislative history title vi short fair consideration petitioner tardy attack propriety bakke suit title vi requires rejected university special admissions program violated title vi civil rights act excluding bakke medical school race therefore duty affirm judgment ordering bakke admitted university accordingly concur judgment insofar affirms judgment california extent purports anything else respectfully dissent four members undertaken announce legal constitutional effect judgment see opinion justices brennan white marshall blackmun ante hardly necessary state majority speak determine central meaning judgment judgment first entered trial read entirety follows hereby ordered adjudged decreed defendant regents university california judgment plaintiff allan bakke denying mandatory injunction requested plaintiff ordering admission university california davis medical school plaintiff entitled application admission medical school considered without regard race race applicant defendants hereby restrained enjoined considering plaintiff race race applicant passing upon application admission allan bakke judgment regents university california declaring special admissions program university california davis medical school violates fourteenth amendment constitution article section california constitution federal civil rights act plaintiff recover costs incurred herein sum app pet cert paragraph trial ordered plaintiff bakke entitled application admission medical school considered without regard race race applicant defendants hereby restrained enjoined considering plaintiff race race applicant passing upon application admission see supra emphasis added way order broadly read prohibiting use race admissions process apart bakke application final refers applicant consistent use pronoun throughout paragraph refer bakke makes reading entirely unpersuasive failure trial suggest issuing relief applicants parties suit appendix application stay cal judgment state california affirms paragraph trial judgment judgment reads follows ordered adjudged decreed judgment superior county yolo cause hereby affirmed insofar determines special admission program invalid judgment reversed insofar denies bakke injunction ordering admitted university trial directed enter judgment ordering bakke admitted bakke shall recover costs appeals reviews judgments statements opinions black cutter laboratories hayburn case dall alma motor axle hatch act case public workers mitchell decided term followed policy strict necessity disposing constitutional issues earliest exemplifications well known repeating history arose refusal render advisory opinions applications related jurisdictional policy drawn case controversy limitation art iii policy however limited jurisdictional determinations addition developed governance cases confessedly within jurisdiction series rules avoided passing upon large part constitutional questions pressed upon decision thus rules listed support statement quoted constitutional issues affecting legislation determined friendly nonadversary proceedings advance necessity deciding broader terms required precise facts ruling applied record presents ground upon case may disposed instance one fails show injured statute operation availed benefits construction statute fairly possible question may avoided rescue army municipal footnotes omitted see also ashwander tva brandeis concurring doctrine reflects respect constitution enduring set principles deference owe legislative executive branches government developing solutions complex social problems see bickel least dangerous branch record page pt apparent legislative history immediate object title vi prevent federal funding segregated facilities see cong rec remarks celler remarks humphrey mcdonald santa fe trail transp held title vii prohibits racial discrimination white petitioners upon standards applicable negroes quoting earlier decision griggs duke power reaffirmed principle statute prohibit iscriminatory preference racial group minority majority emphasis original see cong rec remarks celler remarks humphrey remarks kuchel remarks pastore representative celler senators humphrey kuchel house senate floor managers entire civil rights act senator pastore majority senate floor manager title vi representative abernethy comments typical title vi aptly described harsh unprecedented proposal contained bill aimed toward eliminating discrimination federally assisted programs contains guideposts yardsticks might constitute discrimination carrying federally aided programs projects presumably college racially balanced staff dean office cafeteria effect title enacted law interject race factor every decision involving selection individual concept racial imbalance hover like black cloud every transaction see also remarks ervin remarks gore remarks eastland see remarks proxmire taxes collected whites negroes expended without discrimination remarks pastore title vi guarantee money collected colorblind tax collectors distributed federal state administrators equally colorblind remarks humphrey simple justice requires public funds taxpayers races contribute spent fashion encourages entrenches subsidizes results racial discrimination quoting president kennedy message congress june see cong rec remarks humphrey remarks javits parallel prohibitions title vi constitution clearest respect immediate goal act end federal funding separate equal facilities monroe pape occasion reach constitutional question whether congress power make municipalities liable acts officers violate civil rights individuals interpreting statute task consider whether congress mistaken view limits power municipalities rather must construe statute light impressions congress fact act see ries lynskey moor county alameda title vi title vii express congress belief long struggle eliminate social prejudice effects prejudice principle individual equality without regard race religion one meeting minds among races common national purpose see los angeles dept water power manhart basic policy statute title vii requires focus fairness individuals rather fairness classes principle individual fairness embodied title vi basic fairness title vi clear find difficult understand create opposition private prejudices sure eliminated overnight however one area room exists private prejudices area governmental conduct first justice harlan said prophetic dissenting opinion plessy ferguson constitution say senators must government title vi closes gap purposes democracy prejudices individuals cuts prejudice need healing costs prejudice need understanding hostility two great parts people without tragic loss human values title vi offers place meeting minds federal money cong rec remarks pastore example private employers duties imposed title vii wholly free restraints imposed fifth fourteenth amendments directed governmental action lau nichols government brief stressed applicability title vi depend upon outcome equal protection analysis statute independently proscribes conduct challenged petitioners provides discrete basis injunctive relief brief amicus curiae turn rested decision title vi justice powell takes pains distinguish lau case hand lau decision rested solely statute ante see also washington davis allen state board elections harlan concurring dissenting explained senator humphrey expresses principle imbedded constitutional moral understanding times purpose title vi make sure funds used support racial discrimination many instances practices segregation discrimination title vi seeks end unconstitutional cases discrimination contrary national policy moral sense nation thus title vi simply designed insure federal funds spent accordance constitution moral sense nation cong rec emphasis added petitioner attempt rely regulations issued hew contrary reading statute unpersuasive discriminatory policy effect hew example permissible affirmative action refers special recruitment policies cfr regulation adopted sheds light legality admissions program excluded bakke case cong rec remarks pastore record see lau nichols supra bossier parish school board lemon cert denied uzzell friday opinion rehearing en bane cert pending serna portales cf chambers omaha public school district indicating doubt whether money judgment obtained title vi indeed government brief lau nichols supra succinctly expressed common assumption settled petitioners standing enforce section brief amicus curiae lau nichols supplemental brief amicus curiae government supplemental brief also suggests may difference private cause action brought end particular discriminatory practice action brought cut federal funds section specifically addressed personal rights fund cutoff provision establishes elaborate mechanism governmental enforcement federal agencies supplemental brief supra emphasis added arguably private enforcement elaborate mechanism fit within congressional scheme see separate opinion justice white ante bakke seek cut university federal funding sought admission medical school difference two courses action clear significant government grant injunction declaratory judgment private action inconsistent administrative program established section declaratory judgment injunction future discrimination raise possibility funds terminated involve bringing forces executive branch bear state programs therefore implicate concern led limitations contained section supplemental brief supra see ed rehabilitation act particular legislative history discussed lloyd regional transportation authority ed attorney fees emergency school aid act ed private action financial assistance act course none subsequent legislative enactments necessarily reliable evidence congress intent enacting title vi legislation intended change existing status title vi framing analysis terms cort ash test see clear four parts test satisfied bakke status potential beneficiary federally funded program definitely brings within class whose especial benefit statute enacted ibid emphasis original cause action based race discrimination traditionally relegated state law ibid excerpts voluminous legislative history suggest congress intend create private cause action see opinion justice powell ante examination entire legislative history makes clear congress intention foreclose private right action ample evidence congress considered private causes action consistent essential legislative scheme see remarks senator ribicoff come crux dispute right participate federally funded programs without discrimination protected even issue becomes clear upon elementary analysis federal funds dispensed nondiscriminatory basis possible remedies must fall one two categories first action end discrimination second action end payment funds obviously action end discrimination preferable since reaches objective extending funds nondiscriminatory basis discrimination persists effectively terminated else principle nondiscrimination vindicated except nonpayment funds cong rec see also remarks humphrey remarks javits remarks pastore