May the government use racial classifications when it does so to
benefit, not discriminate against, racial minorities that have
historically been the victims of discrimination? The Supreme
Court first considered that question in 1978, in the case of
Bakke v. Regents, University of California. Bakke, a white
applicant to the UC-Davis Medical School, claimed that he was
denied admission even though his test scores and grades were
markedly better than minority applicants who were admitted. The
Court found that Bakke had been denied equal protection of the
laws by UC-Davis's use of a "two-track" admission system, one
track for whites and one for non-whites. Even though Bakke won,
many people came to view Bakke as a victory for proponents of
affirmative action. Justice Powell, providing the critical fifth
vote for Bakke, said in his concurring opinion that increasing
racial diversity in classrooms was a compelling state interest,
and that a more narrowly tailored program--such as one that gave
"pluses" to minority