For more than 50 years, colleges and universities around the country have taken race into account as they craft their incoming classes. But now a pair of lawsuits could change the face of higher education in this country. It’s the biggest challenge to affirmative action in a generation. And, given the makeup of this Supreme Court, it is very likely affirmative action in college admissions could be found unconstitutional.

Over three episodes, we will explore the legal issues around affirmative action in higher education. Does the equal protection clause of the Fourteenth Amendment prohibit all discrimination based on race? Or is benign discrimination permissible — taking race into account in order to help groups that have been marginalized? Does the constitution leave room to remedy society’s ills?

In this episode, we explore the 1978 case of Regents of the University of California v. Bakke — the first challenge to affirmative action decided by the Supreme Court. Guests include:

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Host/Producer: Matthew S. Schwartz

Editor/Executive Producer: Josh Block

Cover Art: Jonathan Hurtarte

To comment on this episode, tag @BLaw and @SchwartzReports on Twitter!