actually used these briefs in their decision. The court was given the opportunity to overturn the historic Bakke case by ruling on the Michigan case; however the justices only decided to redirect the program slightly. The amicus briefs submitted by the various individuals, groups, and corporations gave the court insight into the extent affirmative action playes in the real world.

The university’s admissions policies of giving 20 points to “underrepresented minorities” is not narrowly tailored to achieve diversity, because the policy does not offer applicants with the individualized selection process. The policy does not necessarily look at the background of individuals just their race, and the individuals “potential contribution to diversity” is never truly evaluated. Specifically the court said, “We conclude, therefore, that because the University’s use of race is not narrowly tailored to achieve respondent’s asserted compelling interest in diversity, the admissions policy violates the Equal Protection Clause of the 14th Amendment.” Justices Breyer, Kennedy, O’Connor, Rehnquist, Scalia, and Thomas were all in the majority, while Ginsburg, Souter, and Stevens opposed.

In Brown v. Board of Education (1954) the Supreme Court began to take on the the racism in America. Ten years later Congress stepped in and passed the Civil Rights Act of 1964. Then when John F. Kennedy took office social reform was pushed further ahead on the agenda. In Executive Order 10925, President Kennedy coined the affirmative action phrase by saying, “take affirmative action to ensure that applicants are employed, and that employees are treated employment without regard to their race, creed, color, or national origin.” This was the first action taken by a president to address racism in the work force. Following Kennedy was President Johnson, who in 1965 also used an executive order to take a stab at affirmative action. At this time he pressured businesses and public entities to support programs of reverse discrimination. In 1978 the Supreme Court agreed to hear Regents of the University of California v. Bakke, and for the first time the court would define what is and what is not constitutional in regards to affirmative action and racial discrimination. Allan Bakke decided to apply to the University of California’s Medical School in 1973. His scores were higher than the average students at the medical school, and he was for most part a well qualified individual for acceptance. After being denied the first year Bakke decided to apply again, but to his surprise he was denied once again. Be

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