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Court Rules Bakke Is Unique Problem WASHINGTON (UPI) - the Educational Pluralism,’’ Powell Supreme Court Ruled Today in the Wrote

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Court Rules Bakke Is Unique Problem WASHINGTON (UPI) - the Educational Pluralism,’’ Powell Supreme Court Ruled Today in the Wrote r The weather Mostly sunny and hot today but turning less humid by afternoon. High temperatijres 87 to 93,31 to 34 C. Clear and mild tonight with lows around iianrhpatf r iEuPtiiitg Ilf ralb 60. Sunny and warm Thursday with highs 80 to 85. Probability of precipitation 10 percent through A Fttmily NEWSpaper Since 1881 Thursday. Winds westerly 10 to 15 mph today, Home delivered copy 15 cents northwest around 10 mph tonight and 10 to 15 mph Vol. XCVII, No. 228 — Manchester, Conn., Wednesday, June 28, 1978 Thursday. National weather map on page 17. Newsstand copy 20 cents ./ V Court rules Bakke is unique problem WASHINGTON (UPI) - The educational pluralism,’’ Powell Supreme Court ruled today in the wrote. Allen Bakke “ reverse dis- “Such qualities could include crimination” case that the 38-year- exceptional personal talents, unique work or service experience, old engineer must be admitted to the University of California Medical leadership potential, maturity, School. demonstrated compassion, a history At the same time, five justices held of overcoming disadvantage, ability that the school may not be prevented to communicate with the poor, or from taking race into consideration other qualifications deemed impor- in its future admissions policies. tant. Bakke, who is white, failed to gain "In short, an admissions program operated in this way is flexible entrance to the medical school because of its admissions program enough to consider all pertinent setting aside 16 percent of openings elements of diversity in light of the for minorities. particular qualifications of each Justice Lewis Powell, in the applicant, and to place them on the leading opinion, said California same footing for consideration, courts “failed to recognize that the although not necessarily according state has a substantial interest that them the same weight." legitimately may be served by a “Indeed,” said Powell, “the properly devised admissions weight attributed to a particular program involving the competitive quality may vary from year to year consideration of race and ethnic depending on the 'mix' both of the Super Sundae at Whiton origin.” student body and the applicants for The university had conceded, after the incoming class. the California Supreme Court "This kind of program treats each Mary Ann Hardy, left, and Patty Shirer, different “flavors,” topping off with whipped qrdered Bakke’s entrance, that it applicant as an individual in the ad- pages at Whiton Memorial Library, help Amy cream and a cherry. Children in the program could not prove he still would have Allen Bakke missions process.” Siddons select a book to read during the who read 10 or more books during the six been barred if the admissions Powell rejected the suggestion that weeks will receive a certificate at a party restrictions had not been in effect. a program which considers race only children’s summer reading program called speak together in any one opinion. as one factor is simply a subtle and “A Sweet Taste — A Super Sundae.” As given for them in August. The colored ice For this reason, the admission order must be affirmed, Powell said. Brennan said, “This should not and more sophisticated — but just as children of all ages read their books, they cream balls were made by the pages. (Herald must not mask the central meaning The Justice Department had urged effective — means of according of today’s opinions: begin to make their own paper sundaes with photo by Pinto) the court to send the case back to racial preference. “Government may take race into California for more proceedings to He said an intent to discriminate is account when it acts not to. demean determine what might have evident in the Davis program, or insult any racial group, but to happened if the school had been whereas no such fault exists in a operating an appropriate program. remedy disadvantages cast on system whereby race or ethnic Rec panel’s inaction But Powell said there is no reason for minorities by past racial prejudice, background is simply one element, at least when appropriate findings that. “to be weighed fairly against other He said since Bakke was injured have been made by judicial, elements in the selection process.” solely on the basis of an unlawful legislative or administrative bodies Summarizing, Powell said it is evi- with competence to act in this area.” classification, the university cannot dent the Davis program involves the Chief Justice Warren Burger and now indulge in thoughts that it might use of an explicit racial classification risks grant for pond Justices John Paul Stevens, Potter "never before countenanced by this have achieved the same results by Stewart and William Rehnquist said using lawful means. court." Title VI of the Civil Rights Act of who is handling the application fur a questioned whether the 15-year-old The university had reserved 16 “It tells applicants who are not 1964 prohibits programs such as that By GREG PEARSON Bureau of Outdoor Recreation grant plan is out-of-date. spaces for minorities out of 100 in Negro, Asian or 'Chicano' that they Herald Reporter for the pond purchase, said today The character of the area has each first-year class at the medical at the Davis Medical School, and thus are totally excluded from a specific changed, and the pond is no longer a Bakke’s rights were violated and he percentage of the seats in an entering Manchester’s Advisory Recreation that one requirement of the grant is school. The objective was to give and Park Commission Tliesday night approval by the Advisory Recreation desirable open-space acquisition, preference to disadvantaged should be admitted. class," he said. Powell, while saying race may be failed to take action oh a resolution and Park Commission. PZC members said. applicants and promote diversity The fatal flaw, the opinion said, is taken into account in university ad- concering Hilliard Pond— a step that Thus, it appears that the com- Penny said this morning that he among the student body and in the in the program’s "disregard of in- missions, said this particular apparently could jeopardize the mission’s failure to approve the has some questions about continuing medical profession. dividual rights as guaranteed by the program did not stand up. This made town’s application for a federal grant resolution may block continuation of with the grant application. A Powell said it may be assumed that 14th Amendment.” a five-man majority affirming the "Such rights are not absolute,” the to pay part of the purchase. the application procedure. preliminary, informal appraisal of reserving a specified number of California Supreme Court’s finding opinion said, “but when a state’s dis- Commission members raised the property said that it is worth $10,- openings in each class for preferred that Bakke is entitled to admission. tribution of benefits or imposition of Also, Stephen Penny, chairman of several concerns about the proposed 500. The owners, however, apparent- groups would contribute to con- the Mtmchester Board of Directors, acquisition of the pond. Dorothy ly are asking $125,000. siderable ethnic diversity in the stu- Brennan, White, Marshall and burdens hinges on the color of a per- Blackmun held the Davis program said today that he has some doubts Brindamour said that the pond could With such a difference in price, he dent body. But he said the univer- son's skin or ancestry, that individual about continuing with the application constitutional, and wanted to reverse not be used for swimming and there wondered if an agreement will be sity’s arguments that this is the only is entitled to a demonstration that work for the pond purchase. the California court on all points. is no dry land around it that the town reached. The application for the BOR effective means of doing so “is the challenged classification is Powell joined with the Brennan necessary to promote a substantial ’The Rec and Park Commission now owns. grant is lengthy, and Penny seriously flawed.” group in saying that some uses of state interest." Tuesday failed to approve a resolu- wondered if the town should continue A compelling state interest that She also mentioned that a dam race in university admissions are ' Powell said the university "has tion that the town proceed with the with such an application if a settle- would justify consideration of race or repair required at the pond will be permissible — making five votes to failed to carry this burden.” application for the pond’s purchase. ment might appear unlikely. ethnic back^ound is'not “in simple costly. reverse the California court’s Joel Janenda, commission chairman, Town Manager Robert Weiss, ethnic diversity,” said Powell, but Monday night, members of the prohibition on the university es- moved that such a resolution be ap- however, has proposed in the past “encompasses a far broader array of Planning and Zoning Commission tablishing race-conscious programs in proved “although the commission that the town consider purchasing qualifications and characteristics of Vietnam also criticized the proposed pond the future. feels strongly that Hilliard Pond is of the land through condemnation which racial or ethnic origin is but a purchase. questionable value as an open-space procedures. single though important element.” Powell cited Harvard College's ’The PZC passed a resolution that parcel.” No one seconded the motion The Conservation Commission has He said the Davis program, which program where race or ethnic the acquisition of the pond does con- skirmish by Janenda. been the chief supporter of the pond focused solely on ethnic diversity, background is deemed a “plus” in a form with the town’s Comprehensive purchase. Its chairman, Theresa would hinder rather than help attain particular applicant’s file, “yet it Alan Lamson, Uie town planner.
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