pinion in the Bakke case that is still referred to as the "law of the land." Justice Powell, in the opinion issued by the Court, stated that race can be taken into account as one of many factors in admissions for the purpose of achieving diversity on campus. For most institutions, this case is the legal precedent to follow and is the legal foundation for developing admissions policies.Unfortunately, some institutions have read this opinion too broadly and have developed admissions processes that would not even comply with a strict or even liberal reading of the opinion. The opinion does not offer the freedom to make decisions solely on race. Some institutions developed and still continue to have different admissions committees and criteria based on race. Inevitably, a challenge to this type of system was going to take place and it occurred only a couple of years ago in the Hopwood case.Hopwood v. TexasThis action was brought because of admissions practices that would likely not even be deemed constitutional under Bakke (Different sets of criteria and committees existed based on the race of the applicant). Hopwood, however, is of interest because it appears to be in conflict with the Bakke opinion. The Fifth Circuit held that race could not be used as a factor for the sole purpose of achieving diversity. It could be used in the narrow circumstance where it can be shown that the admissions practices are designed to remedy the past effects of discrimination at a particular institution.This case, affecting institutions in Texas, Louisiana, and Mississippi, still causes great confusion. How can the Hopwood opinion be reconciled with Bakke? There was hope that the Supreme Court would hear the case and make a definitive statement of the law. The case was appealed, but the Supreme Court refused to review the matter because the issue in the case was moot--the admissions practices that were being challenged were no longer practiced by the institu...
