<P> Although public universities were integrated by court decree, selective colleges and graduate programs, and the professions which stemmed from them, remained almost all white . Many African - Americans had attended inferior schools and were ill - prepared to compete in the admissions process . This was unsatisfactory to many activists of the late 1960s, who protested that given the African - American's history of discrimination and poverty, some preference should be given to minorities . This became a commonly held liberal position, and large numbers of public and private universities began affirmative action programs . Among these were the University of California, Davis School of Medicine (UC Davis or "the university"), which was founded in 1968 and had an all - white inaugural class . The faculty was concerned by this, and the school began a special admissions program "to compensate victims of unjust societal discrimination". The application form contained a question asking if the student wished to be considered disadvantaged, and, if so, these candidates were screened by a special committee, on which more than half the members were from minority groups . Initially, the entering class was 50 students, and eight seats were put aside for minorities; when the class size doubled in 1971, there were 16 seats which were to be filled by candidates recommended by the special committee . While nominally open to whites, no one of that race was admitted under the program, which was unusual in that a specific number of seats were to be filled by candidates through this program . </P> <P> The first case taken by the Supreme Court on the subject of the constitutionality of affirmative action in higher education was DeFunis v. Odegaard (1974). Marco DeFunis, a white man, had twice been denied admission to the University of Washington School of Law . The law school maintained an affirmative action program, and DeFunis had been given a higher rating by admissions office staff than some admitted minority candidates . The Washington state trial court ordered DeFunis admitted, and he attended law school while the case was pending . The Washington Supreme Court reversed the trial court, but the order was stayed, and DeFunis remained in school . The U.S. Supreme Court granted review and the case was briefed and argued, but by then, DeFunis was within months of graduation . The law school stated in its briefs that even if it won, it would not dismiss him . After further briefing on the question of mootness, the Supreme Court dismissed the case, 5 - 4, holding that as DeFunis had almost completed his studies, there was no longer a case or controversy to decide . Justice William Brennan, in an opinion joined by the other three members of the minority, accused the court of "sidestepping" the issues, which "must inevitably return to the federal courts and ultimately again to this court". </P> <P> Allan Paul Bakke (born 1940), a 35 - year - old white male, applied to twelve medical schools in 1973 . He had been a National Merit Scholar at Coral Gables Senior High School, in Florida . He was accepted as an undergraduate at the University of Minnesota, deferring tuition costs by joining Naval ROTC . He graduated with a grade - point average (GPA) of 3.51 . In order to fulfill his ROTC requirements, he joined the Marine Corps and served four years, including a seven - month tour of duty in Vietnam as a commanding officer of an anti-aircraft battery . In 1967, having achieved the rank of captain, he was granted an honorable discharge . Bakke then worked as an engineer at NASA . He stated that his interest in medicine started in Vietnam, and increased at NASA, as he had to consider the problems of space flight and the human body there . But twelve medical schools rejected his application for admission . </P> <P> Bakke had applied first to the University of Southern California and Northwestern University, in 1972, and both rejected him, making a point of his age, with Northwestern writing that it was above their limit . Medical schools at the time openly practiced age discrimination . </P>

Identify two ways the bakke decision set a precedent for judging future affirmative action cases