The University of California School of Medicine implemented a program whereby sixteen students belonging to racial minorities were to be admitted for each class of one hundred students. With this aim it used a regular program according to which applicants were rejected with an average of less than 2.5 points and a special one in which that score did not apply. A white aspirant whose applications were rejected on two occasions, promoted demand because the special program had admitted candidates who had obtained a score lower than his. He founded his claim in the Equal Protection Clause of the Fourteenth Amendment. The Supreme Court of California considered that such a system was illegal and ordered the admission of the plaintiff. Once the documents have been sent to the Supreme Court of the United States, it partially confirmed the sentence: although admitting positive discrimination as a way to equalize opportunities and generate equity in cases where inequality is evident, this does not prevent that this type of measures must be equitable for all groups. Therefore, as this measure by the University of California generated injustices based on a positive action measure, it was declared unconstitutional and Bakke's admission was ordered.
