a. Bakke: Powell
i. race cannot be determinative; no quotas
ii. but race can be a plus factor
iii. (Brennan dissent): as long as it is to remedy effect of past discrimination
b. Hopwood 5th Circuit only!
i. Bakke not controlling b/c no majority opinion
ii. UT didn’t show any past discrim at UT law school (only in Texas)
iii. can use other factors like economic b/g, etc, but not race
c. note: title 6 applies to Baylor, but not 14th am EP
d. Adarand (gov’t contracts to GC’s with disadvantages subs); held Constitutional b/c remedying effects of past discrim & is narrowly tailored.
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