of the Fourteenth Amendment, which declares that "no state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property without due process of law; nor deny to any person in its jurisdiction the equal protection of the laws," and of Title VI of the Civil Rights Act of 1964, which prohibits racial discrimination in federally funded programs and activities. In 1976, the California Supreme Court agreed with Bakke, holding by a 6 to 1 vote that any consideration of race violated the equal protection clause. The University voted to appeal and in February 1977, the United States Supreme Court granted the petition to review the case. On June 28, 1978, the United States Supreme Court issued its opinion and disagreed with Bakke on the central point of his case, holding by a 5 to 4 vote that race could be considered consistent with equal protection and Title VI. The Court also held, however, that the use of quotas in such affirmative action programs was not permissible. Thus, the University of California, Davis, medical school had, by maintaining a 16% minority quota, discriminated against Bakke. As a result of the decision, Bakke was admitted to the medical school and graduated in 1992. This Supreme Court decision became a founding doctrine for admissions policies at colleges nationwide.
             Before discussing the arguments Dworkin makes for affirmative action on behalf of disadvantaged minorities, it is necessary to have an understanding of the concept of affirmative action. Affirmative action began with the enactment of the Civil Rights Act, which prohibited discrimination in public accommodations and employment. It is defined as government programs in the United States designed to overcome the effects of past societal discrimination by allotting jobs and resources to members of specific groups, such as mino...