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Replay That Tune: Defending Bakke On Stare Decisis Grounds, Charles Adside Iii

Cleveland State Law Review

The announcement from the United States Supreme Court to reconsider Fisher v. University of Texas at Austin (Fisher I) presents an opportunity to revisit Regents of the University of California v. Bakke, which controls affirmative action jurisprudence. This Article argues that Bakke is immune from reversal under stare decisis principles, because the use of race in admission programs is deeply engrained in our constitutional law. The Court's race ideologues seek, however, to alter Bakke to reflect their vision of racial equality. In Fisher II, the Court should not change its jurisprudence to reflect any doctrinal extreme.

Arguing that Bakke was …