Word: favorable
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Dates: during 1970-1979
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...thereupon declared that the court had ruled in favor of Allan Bakke, 38, the California engineer who so desperately wanted to be a doctor and would now finally have his opportunity. In a 5-to-4 decision, the court affirmed the lower-court order admitting him to medical school at the University of California at Davis, because its special admissions program for minorities had violated Title VI of the Civil Rights Act of 1964. Powell said that quotas based entirely on race, in situations where no previous discrimination had been found, were illegal. But a majority of the court also...
...wanted to be a judge in the first place. Quiet, scholarly, wistful and widely respected for his legal acumen, he agreed in part with two different groups within the court. He accepted a portion of the opinion of the four Justices who upheld the California Supreme Court decision in favor of Bakke: Burger, William Rehnquist, John Paul Stevens and Potter Stewart. He also sided in part with the four Justices who decided against Bakke: William Brennan, Harry Blackmun, Thurgood Marshall and Byron White. He thus ended by writing the critical opinion for a sharply divided court...
...said Brennan, had the Supreme Court ever ruled that the Constitution is color blind. It does not make sense, he declared, to try to eliminate the evil of racial discrimination and then forbid the remedies that are required to accomplish this. Congress avoided any "static definition of discrimination in favor of broad language that could be shaped by experience, administrative necessity and evolving judicial doctrine...
...employment of minorities by federal contractors. In the case of Weber vs. Kaiser Aluminum, an applicant sued Kaiser and his union for excluding him from a job-training program in which half the openings were reserved for minorities. The Fifth Circuit Court of Appeals ruled in Weber's favor...
...prime mover behind these reforms is Irving R. Kaufman, who was appointed chief judge of the Second in 1973. Kaufman is a believer in the "British tradition of orality." Because he and his colleagues favor "eyeball situations between attorneys and judges." the Second allows oral argument in more than 90% of its cases (vs. an average of 70% in the other circuits). But the flow of advocacy may be quickly cut off if the judges find it repetitious or unessential. Judges in the Second often decide appeals directly from the bench, simply stating their reasons and dispensing with written opinions...