Guessing the Decision

How will the Supreme Court finally rule on the Bakke case? Nobody can predict the result with any certainty, of course, but many of the nation's legal scholars expect the decision to go against Bakke. A sampling:

Theodore J. St. Antoine, dean of the University of Michigan Law School: "If you force me to bet, I'm going to bet that they reverse the Bakke case [and rule against him] . . . In my judgment there will be some provisions left open for an affirmative-action program that will allow making race an admissions distinction. The vote might be 6 to 3, and the majority opinion may be somewhat muddled."

Harry Wellington, dean of the Yale Law School: "My guess is that they will reverse the California Supreme Court and send the case back for reexamination. They likely will say it is permissible to take race into account but a predetermined number or quota may not be acceptable. I would not be surprised if there were as many as five or even nine opinions."

Gerhard Casper, University of Chicago Law School: "I assume the Supreme Court will try to come down with a very narrow ruling in the Bakke case. But whether it will rule in favor of Mr. Bakke, I just don't know. The case is one of the most explosive ever, with great implications. The country is not ready to have the case decided yet. The court does not want to impose its will on the people when it will leave a large part of the country unhappy either way."

Bruce A. Ackerman, Yale Law School: "The court will accept benevolent quotas. The basic idea will be that it is permissible for Government to act to redress past grievances."

Derrick A. Bell Jr., Harvard University Law School: "If the court applies the same standards of proof to Bakke's claim that it has to civil rights proponents, Bakke will lose. To prove discrimination, you must also show intent to discriminate. The Justices will find that although race was used, it was used in a sufficiently rational and reasonable way as to require the rejection of a constitutional attack."

Alan M. Dershowitz, Harvard University Law School:

"The court will not reach the ultimate issue presented by the case. It's a terrible case for a definitive ruling, partially because the real parties at interest are not at the bar."

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