ABSTRACT
The Bakke decision has been both inappropriately praised and wrongly criticized. The opinion of Justice Powell especially has been commonly misrepresented, its force and ramifications widely misapprehended. I seek now to bring some clarity to the analysis of Bakke by doing the following things:
Review briefly some common misconceptions of that Supreme Court decision
Explicate the role of Justice Powell's opinion in Bakke
Argue that Powell's opinion is not only pivotal but controlling
Identify the principles that undergird Powell's opinion
Respond to the objection that Powell's principles are not feasible
Refute the objection that Powell's principles are fundamentally incoherent
Expose a serious and widespread mistake in the interpretation of Bakke
Exhibit two important consequences of the Bakke decision that have gone largely unrecognized
Specify one troubling aspect of the Bakke decision that deserves more attention than it has received
