Mock Trial Argument: Regents of University of California v. Bakke

For our final trial, the class is arguing the supreme court case University of California v. Bakke.  The side I fell on was an emotional appeal and fairness argument for the University of California.  Just as the case in real life concluded, our side lost a close fight. Below is the script I read when making my argument.

"Hello, your honor.  Today, I stand before you to argue the emotional appeal and fairness of the University’s decision for affirmative action.  Our country has been blemished with ugly discrimination for far too long and it’s this university’s obligation to assure adequate space is provided for minorities that wish to apply to this institution.  Yes, I see why Mr. Bakke is upset that he was rejected twice, but in all fairness your honor, his scores wouldn’t be accepted even if our program didn’t exist.  As mentioned, our university feels obligated to assure fairness for those individuals that may not have the same educational upbringing where they were raised, simply because of their color and social class.  We must use this program to remedy past discrimination and to facilitate health services in our underserved areas.  This program also helps us increase our academic diversity for the profession.  Let’s remember the notes of this case from a few of our court justices:  Justice Brennan believes programs that use racial classifications to remedy past discrimination serve a compelling state interest and are thus constitutional.  Justice Marshall also agrees that The Equal Protection Clause permits the use of racial classifications to remedy our past. Continuing with the trend, Justice Blackmun feels the court is ill-equipped to handle cases involving admissions programs but does point out that race must be taken into account in order to combat racism.  So your honor, as you can see, this process is one that is fair. As an argument on emotion, we must realize the lack of opportunity for our minority individuals and what this program provides.  Let’s not let them down, again.  Thank you."

Sources:  https://www.youtube.com/watch?v=YdQW5408DiE

https://www.youtube.com/watch?v=ukcC6JZKo0I

https://en.wikipedia.org/wiki/Regents_of_the_Univ._of_Cal._v._Bakke