Daly v. Darby Township, PA School District Brief for Appellee-Intervenors

    JAMES M. NABR1T, III 
ASSOCIATE-COUNSEL

IN THE

Supreme Court of ttrr United #tateR
O ctober T e r m , 1976

No. 76-811

T h e  R eg en ts  oe t h e  U n iv ersity  oe C alifo rn ia , Petitioner,
v.

A lla n  B a k k e , Respondent.

On Writ of Certiorari io ihe Supreme Court of California

BRIEF AMICI CURIAE

F o r:
National Council of Churches of Christ in the 

United States of America 
American Coalition of Citizens with Disabilities 
Americans for Democratic Action 
American Federation of State, County and 

Municipal Employees, AFL-CIO 
American Public Health Association 
Children’s Defense Fund
International Union of Electrical, Radio and Machine 

Workers, AFL-CIO, CLC (IUE)
International Union, United Automobile, Aerospace, 

Agricultural Implement Workers of America (UAW) 
Japanese American Citizens League 
Mexican-American Political Association 
National Council of Negro Women 
National Education Association 
National Health Law Program 
National Lawyers Guild
National Legal Aid and Defender Association 
National Organization for Women

(Listing continued on page 2 o f cover)

P ress of  B yro n  S. A d a m s  P r in t in g , I n c ., W a sh in g to n , D. C.



National Urban League
United Farm Workers of America, AFL-CIO
United Mine Workers of America
United States National Student Association
Young Woman’s Christian Association

R ichard  B . S obol 
Sobol & Trister 
910 Seventeenth Street, N.W. 
Washington, D. C. 20006 
(202) 223-5022

„  ,  Attorney for AmiciOf Counsel:
M arian  W r ig h t  E delm an  
S t e p h e n  P. B erzon  

1520 New Hampshire Avenue, N.W.
Washington, D. C. 20036

J o se ph  L. R atjh, J r .
1001 Connecticut Avenue, N.W.
Washington, D. C. 20036

Dated; June 7, 1977



TABLE OF CONTENTS
I n ter est  of A m ic i ..........................................................................  2

Co n sen t  of t h e  P a r t i e s ................    2

Q u estio n  P resented  .......................     2

S ta tem en t  ....................................................................    3

Arg u m e n t  :

I. Programs to Include Minorities in Public Pro­
fessional Schools Are Not “ Suspect” or “ Pre­
sumptively Unconstitutional” ...................   7

II. The University’s Special Admissions Program 
Meets Even the Strictest Standard of Review . . 10

III. There Are No Realistic Alternatives to a Race 
Conscious Special Admissions Policy as a Means 
of Including Minorities in the Davis Medical 
School ..............................................................  18

C on clu sio n  ...........................................................................    21

TABLE OF AUTHORITIES
Cases :

Anderson v. Martin, 375 U.S. 399 (1964) ....................  8
Associated General Contractors v. Altshuler, 490 F.2d 

9 (1st Cir. 1973), cert, denied, 416 U.S. 957 (1974)
1 5 ,1 6

Bolling v. Sharpe, 347 U.S. 497 (1954) .......................  8
Califano v. Goldfarb, 97 S.Gt, 1021 (1977) ..................9,17
Contractors Association v. Schulz, 442 F .2 d  159 (3d  

Cir.), cert, denied, 404 U.S. 854 (1971) ...............  15
Frontiero v. Richardson, 411 U.'S. 677 (1973) .......... . 9
Jackson v. Pasadena School District, 59 Cal. 2d 876,

31 Cal. Rptr. 606, 382 P .2 d  878 (1963) .....................  16



11 Table of Authorities Continued

Page
Johnson v. San Francisco Unified School District, 339 

F. Supp. 1315 (N.D. Cal. 1971), rev’d in part on
other grounds, 500 F.2d 349 (9th Cir. 1975) .........  16

Kahn v. Shevin, 416 XJ.S. 351 (1974) ...........................  17
Koremat.su v. Morgan, 384 XJ.S. 641 (1966) .............. . 8
Lau v. Nichols, 414 U.S. 563 (1974) ............................  15
Lochner v. New York, 198 XJ.S. 4 5 .............................  7
Loving v. Virginia, 388 XJ.S. 1 (1967) ................... 8
McLaughlin v. Florida, 379 XJ.S. 184 (1964) ................  8
McDaniel v. Barresi, 402 XJ.S. 39 (1971) .................. .9,15
Morton y, Mancari, 417 XJ.S. 535 (1974) ........... . .10,15
Otero y . New York Housing Authority, 484 F.2d 1122

(2d Cir. 1973) .......................................................  14
San Antonio School District v. Rodriguez, 411 XJ.S. 1 

(1973) .................................................  . . . 8 , 9
Schlesinger v. Ballard, 419 XJ.S. 498 (1975) ............ 17
Soria v. Oxnard School District, 386 F. Supp. 539 (C.D.

Cal. 1974) ................     16
Spangler v. Pasadena City Board of Education, 311 

F. Supp. 501 (C.D. Cal. 1974) (denial of modifica­
tion of decree) aff’d, 519 F,2d 430 (9th Cir. 1975), 
rev’d on other grounds, 427 U.S. 424 (1976) . . . .  16

Swann v. Charlotte-Mecklenburg Board of Education,
402 U.S. 1 (1971) ............ ‘......... ......................... 9,17

United Jewish Organizations v. Carey, 97 S.Ot. 996 
(1977) .......................................... ...................9-10,15

United States y. Montgomery County Board of Educa­
tion, 395 U.S. 225 (1969) ............ ........... .............9,15

Washington v. Davis, 426 U.S. 229 (1976) ................. 9



Table of Authorities Continued

Page
S t a t u t e s :

42 U.S.C. § 2000e-5 (6) .................................................. 17

C ongressional M aterial  :

HR. Rep. No. 94-1558, pp. 2-3 (94th Cong., 2d Sess.)
(1976) ...................................................................  18

M iscella n eo u s  :

Association of American Medical Colleges, Medical 
School Admissions Requirements, U. S. A. and 
Canada, Ch. 6 (Wash., I>. C. 1975) .......................  11

Best, et ah, “ Multivariate Predictors in Selecting 
Medical Studies,” 46 Journal of Medical Educa­
tion 42-50 (1971) .................................................... 4

Conger and Fitz, “ Prediction of Success in Medical 
School,” 38 Journal of Medical Education 947-47 
(Nov. 1963)..........................................    4

Parity, “ Crucial Health and Social Problems in the 
Black Community,” Journal of Black Health Per­
spectives, June/July, 1974 34 ..............................12,13

A. C. Epps, “ The Howard-Tulane Challenge: A Medi­
cal Education Reinforcement and Enrichment Pro­
gram, ” 64 Journal of the National Medical Asso­
ciation 317-24, 330 (July 1972) ........................... 5

Erdman, ‘ ‘ Separating the Wheat from Chaff: Revision 
of MCAT,” 47 Journal of Medical Education, 747- 
49 (1972)................................................................  4

Hentoff, The New Equality (1984) ................................ 3
Health Policy Advisory Center, “ Your Health Care

Crisis,” (New York: Health/PAC 1972) ............  13
Jackson, “ The Effectiveness of a Special Program for 

Minority Croup Students,” 47 Journal of Medi­
cal Education 620-24 (Aug. 1972) ............................ 14

Johnson, “ Highlights of Medical Alumni Survey,” 
Howard University Medical Alumni Association 4 
(Feb. 1977) ..................................................... ....13-14



IV Table of Authorities Continued

Page
Johnson, et ah, “ Recruitment and Progress of Minor­

ity Medical School Entrants, 1970-74,” Journal of 
Medical Education 721 (1975) ..............................  12

Johnson, et ah, “ Retention by Sex and Race of 1968-72 
U.S. Medical School Entrants,” 50 Journal of 
Medical Education 925 (1975) ..................... . 6

Kaleda & 'Craig, “ Minority Physician Practice Pat­
terns and Access to Health Care Services,” 2 
Looking Ahead 1 (Nov./Dec. 1976) ........................6,13

National Ambulatory Medical Care Survey, 1975, Na­
tional Center for Health Statistics, Unpublished 
Data, (U.S. Dept, of H.E.W. 1975) .......................  14

P. B. Price, et al., “ Measurement of Physician Per­
formance: Discussion,” 39 Journal of Medical 
Education 203-11 (1964) .......................................  5

Rawls, A Theory of Justice (1971) ..............................  3
B. Roth, “ Patient Dumping,” Health/PAC Bulletin 

#  58:6-10 (May/June 1974)............................ 13
Sandalon, Racial Preferences in Higher Education, 42 

U. Chi. L. Rev. 653 (1972) ..................................... 7, 20
Simon, et al.,^“ Performance of Medical Students Ad­

mitted Via Regular and Admissions-Variance 
Routes,” 50 Journal of Medical Education 232 
(1975) ...................................................................  5

A. R. Somers, “ Health Care in Transition; Direction 
for the Future,” (Chicago : Hospital Research and 
Educational Trust, 1971) ..........................    13

Spruce, “ Toward a Larger Representation of Minori­
ties in Health Careers,” 64 of Nat’l. Med’l. Ass’n.
432 (1972).............................................................. 13

T. Thompson, “ Curbing the Black Physician Manp ower 
Shortage,” 49 Journal of Medical Education 994 
(Oot. 1974) ........................................................... H , l3

H. Til son, “ Stability of Employment in OEO Neigh­
borhood Health Centers,” i  1 Medical Care No. 5 
(1973) .........................       13



Table of Authorities Continued v

Page
Turner, et ah, “ Predictors of Clinical Performance,”

49 Journal of Medical Education 338-42 (April, 
1974) .....................................................................  4

U. S. Dept, of Commerce, Bureau of the Census, Statis­
tical Abstract of the United States, 1971............  13

U. S. Dept, of Commerce and Labor, The Social and 
Economic Status of Negroes in the United States, 
1970, Special Studies, Bureau of the Census . . . .  12

U. S. Dept, of Commerce, Bureau of the Census, 1970 
Census of Population, California, General Popula­
tion, Characteristics, PC(1)-B6 (1971)................  7

Weisman, et al. “ On Achieving Greater Uniformity in 
Admissions Committee Decisions,” 47 Journal of 
Medical Education 593-602 (1972) .......................



IN THE

Supreme ( to r t at %  Ititiab States
O ctober T e e m , 1976 

No. 76-811

T h e  R eg en ts  oe t h e  U niv ersity  of C alifornia , Petitioner,
v.

A llan  B a k iie , Respondent.

On W rit of Certiorari to the Supreme Court of California

BRIEF AMICI CURIAE

F or:
National Council of Cliurclies of Christ in the 

United States of America 
American Coalition of Citizens with Disabilities 
Americans for Democratic Action 
American Federation of State County and 

Municipal Employees, AFL-CIO 
American Public Health Association 
Children’s Defense Fund
International Union of Electrical, Radio and Machine 

Workers, AFL-CIO, CLC (IUE)
International Union, United Automobile, Aerospace, 

Agricultural Implement Workers of America (UAW) 
Japanese American Citizens League 
Mexican-American Political Association 
National Council of Negro Women 
National Education Association 
National Health Law Program 
National Lawyers Guild
National Legal Aid and Defender Association 
National Organization for Women 
National Urban League
United Farm Workers of America, AFL-CIO 
United Mine Workers of America 
United States National Student Association 
Young Woman’s Christian Association



2

INTEREST OF AMICI
Amici are a coalition of national organizations com­

mitted to assuring that members of disadvantaged min­
ority groups enjoy the full benefits of American life, 
including adequate health care. Amici include relig­
ious, professional, labor, health and public service or­
ganizations, as well as groups devoted to the rights of 
children, women and the handicapped. A description 
of each of the amici is set forth in the Appendix. Amici 
believe that the decision of the California Supreme 
Court in this ease, if affirmed, would constitute a serious 
setback to this nation’s efforts to include minority group 
members among those who receive a professional edu­
cation, and to increase thereby the availability of des- 
parately needed services in minority communities.1

CONSENT OF THE PARTIES
This brief amici curiae in support of the petitioner is 

filed with the consent of both parties.
QUESTION PRESENTED

Where color-blind academic admissions standards 
result in the near total exclusion of minority appli­
cants from a public medical school, does the Fourteenth 
Amendment forbid the school from taking race into 
account so as to include minorities in its student body ?

1 Several of the amici joined in a brief amici curiae in opposition 
to the grant of certiorari in this case. The brief argued that, for 
various procedural reasons, the merits of this case should not be 
decided in this Court. Those amici adhere to the position there 
expressed. See also Supplemental Memorandum of Amici Curiae, 
arguing that a recent amendment to the California Constitution 
provided an adequate state ground for the decision helow, and 
provided further reason for this Court to decline to consider the 
federal constitutional issue presented. These arguments are also 
addressed in the Brief Amicus Curiae of the National Conference 
of Black Lawyers.



3

STATEMENT
The civil rights struggles of the sixties focussed 

America’s consciousness on the severe deprivations that 
resulted from centuries of discrimination and neglect. 
As a Nation, we came to understand that the eradica­
tion of the effects of discrimination required, not pass­
ivity or neutrality, but a measure of “ distributive jus­
tice”—positive steps to include minorities in the bene­
fits of American life.2

P rio r to the adoption of the so-called special admis­
sions programs, there were only token numbers of 
minority students enrolled in most professional schools. 
This situation paralleled the sparsity of professional 
services in minority communities. The problem was not 
the unavailability of minority college graduates quali­
fied for professional study, but the nature of the pre­
vailing admission process. Admissions to professional 
schools were granted on a competitive basis, largely 
by reference to the college grades and standardized 
test scores of the respective applicants. In  the 1960’s, 
there was an enormous increase in the number of ap­
plicants to professional schools in this country. As a 
result of this increase, and not because of any policy 
decisions by the schools, the grade and score levels of 
those admitted also sharply increased. See Brief for 
Sanford II. Radish, et ah, in Support of the Petition 
for a W rit of Certiorari, at pp. 7-12. Although there 
were available substantial numbers of minority candi­
dates whose grades and scores would have entitled them 
to admission a few years earlier, very few minority 
candidates met the new standards that had developed 
through the inexorable force of competition. This sit-

a See generally Hentoff, The New Equality (1964); Rawls, 
A Theory of Justice (1971).



4

uation was undoubtedly attributable, at least in sub­
stantial part, to racial discrimination in primary and 
secondary public education. See note 20, infra.

In  the late sixties and early seventies, most of the 
major professional schools in the United States de­
cided that it was in their interest and in the interest 
of society at large to do something to include minorities 
in their student bodies. Special programs were adopted 
under which minorities are admitted who do not meet 
the score and grade standards set by the performance of 
the top group of applicants. I t  would be erroneous, 
however, to conclude that the minorities so admitted are 
“ less qualified” than whites who are rejected. To do so 
would assume that qualifications can be measured only 
by reference to traditional numerical criteria. But these 
criteria, at best, have only limited utility in predicting 
academic performance and none in predicting profes­
sional performance.3

8 The two primary criteria in medical school admissions are 
Medical College Admission Test (MOAT) scores and grade point 
average in college (GPA).

The MCAT examination was developed in 1946 by the Associa­
tion of American Medical Colleges to help identify students who 
would successfully complete medical school. I t  does not purport 
to predict which applicants would perform successfully as prac­
ticing physicians. Brdman, “ Separating the Wheat from Chaff: 
Revision of MCAT” , 47 Journal of Medical Education, 747-49, 
(1972). In fact, studies have consistently shown that MCAT 
scores correlate well only with performance in the first, year of 
medical school and correlate insignificantly or not at all with 
success in the remainder of medical school, and particularly in 
clinical studies. See, Best, ct al., “ Multivariate Predictors in 
Selecting Medical Studies ” , 46 Journal of Medical Education 42-50 
(1971) ; Turner, et al., “ Predictors of Clinical Performance” , 49 
Journal of Medical Education 338-42 (April, 1974) ; Conger and 
Fitz, “ Prediction of Success in Medical School” , 38 Journal of 
Medical Education 943-7 (Nov. 1963).

The MCAT examination is structured to measure specific factual 
knowledge in science, verbal skills and general information. Fail-



Because of file exclusionary effect ion minorities of 
the application of these academic criteria and because
ure of medical school applicants to score well reflects inadequate 
prior education .and does not provide a measure of intellectual 
potential. A.C. Epps, “ The Howard-Tulane Challenge: A Medical 
Education Reinforcement and Enrichment Program” , 64 Journal 
of the National Medical Association 317-24, 330 (July 1972).

Other studies have shown that, college grades also do not. serve 
as a good indicator of success in clinical studies or of effective 
performance in practice. See We ism an, et al. “ On Achieving 
Greater Uniformity in Admissions Committee Decisions” , 47 Jour­
nal of Medical Education 593-602 (1972) ; P.B. Price, el al. “ Mea­
surement of Physician Performance: Discussion” 39 Journal of 
Medical Education 203-11 (1964).

The following table shows the continual dissipation of the 
differences in performance of special and regular admittees dur­
ing the course of medical school.

A-C SC O R ES1 N B M E-P  C LER KSH iP-

1 A V E R A G E  O F 0-4 R A T IN G S  A SSIG N ED  TO UNDE R-GRACH >A TE 
C O LLEG E  M C A T SCORE AND GpA.

2  A V E R A G E  OF TOTAL NATIONAL B O A RD  SCO RES. P A R T  I

3  C LE R K SH IP  SCORE A V E R A G E S

Comparisons at admission and on preelinical and clinical 
performance indicators

Simon, et al., “ Performance of Medical Students Admitted Via 
Regular and Admissions-Variance Routes” , 50 Journal of Medical 
Education 232, 240 (1975). The inutility of the traditional criteria 
in predicting performance as a doctor, or even overall medical 
school performance, severely undercuts any applicant’s claim of 
entitlement, to admission on the basis of his “ qualifications” .



6

of their limited value, professional schools concluded 
that the concept of equal protection required the de­
velopment of modes of access that would dissipate in 
some part the effects of past discrimination. To this 
end, many professional schools opted to select qualified 
minorities by reference to non-academic, as well as aca­
demic, criteria that would more broadly reflect the abil­
ity of minority applicants to learn and practice the 
profession, and the likelihood that their admission 
would contribute to the solution of the problems pre­
sented by the relative unavailability of professional 
services in minority communities. A recent study has 
shown that ninety (90%) per cent of the minority stu­
dents admitted to medical school despite their lower 
academic scores have graduated. This is a higher suc­
cess rate■ than that of white medical students during 
the same period.* And minority graduates in substantial 
numbers are practicing in a manner that provides 
medical services to disadvantaged communities.5

In  all instances to our knowledge, the admission of 
minorities, pursuant to a special admissions procedure, 
has still afforded whites the large preponderance of the 
admissions places, and, indeed, more places than their 
proportion of the population in the areas served by the 
school.” Thus, programs to include minorities have

4 Johnson, ct at, “ Retention by Sex and Race of 1968-72 TJ.S. 
Medical School Entrants,” 50 Journal of Medical Education 925 
(1975).

5 See p. 13, n. 18, infra.
0 In 1975-76, eight (8%) per cent of the medical students in the 

United States were black. Gliicano and Indian, as compared with a 
sixteen (16%) per cent representation of these groups in the 
population at large. Kalida & Craig, “ Minority Physician Prac­
tice Patterns and Access to Health Care Services” , 2 Looking 
Ahead 1 (Nov./Dec. 1976). In 1974, four Chicanes were admitted



7

been moderate and have resulted only in a marginal 
limitation in the likelihood of the admission of a white 
applicant.

Amici believe that the Fourteenth Amendment does 
not prohibit the special admissions program at the 
Davis Medical School. Just as the “ Fourteenth 
Amendment does not enact Mr. Herbert Spencer’s 
Social Statics” , Lochner v. New York, 198 TJ.S. 45, 75 
(Holmes, J., dissenting), it does not enact the values 
of competitive selection. The requirements of equal 
protection do not prohibit a state from considering the 
needs of the society and the needs of minorities in dis­
tributing the valuable resource of a professional edu­
cation. See Sandalow, Racial Preferences in Higher 
Education, 42 II. Chi. L. Rev. 653, 674, 692 (1975).

A R G U M E N T
I. PROGRAMS TO INCLUDE MINORITIES IN PUBLIC PRO­

FESSIONAL SCHOOLS ARE NOT "SUSPECT" OR "PRE­
SUMPTIVELY UNCONSTITUTIONAL".

The fundamental analytical error of the court be­
low was its conclusion that the petitioner’s special ad­
missions program created a “ suspect” classification, 
subject to review under a “ strict scrutiny” standard. 
Thus, the University’s voluntary efforts to further 
racial equality were misjudged by standards developed 
to protect disadvantaged minorities from majoritarian

to Davis Medical School under the Regular Admissions program 
and thirteen Chicanos and blacks were admitted under the Special 
Admissions program, Petition for Certiorari, p. 6, for a total of 
17 out of 100 places. The Chicano and black population of Cali­
fornia is approximately 22%. TJ.S. Dept, of Commerce, Bureau 
of the Census, 1970 Census of Population, California, General 
Population Characteristics, PC(1)-B6, p. 6-89 (1971).



8

governmental action that stigmatizes, separates, in­
jures or discriminates against them on the basis of 
race. See, e.g., Korematsu v. Morgan, 384 U.S. 641 
(1966); McLaughlin v. Florida, 379 U.S. 184 (1964) ; 
Loving v. Virginia, 388 U.S. 1 (1967) ; Bolling v. 
Sharpe, 347 U.S. 497 (1954); Anderson v. Martin, 375 
U.S. 399 (1964).

Apart from the decision below, the strict scrutiny 
doctrine has never been applied to thwart govern­
mental efforts to redress deprivations suffered by min­
orities. To the contrary, this Court’s decisions make 
clear that a classification is “ suspect” only when it 
disadvantages a class entitled to special protection un­
der the Fourteenth Amendment. A classification de­
signed to benefit a disadvantaged class in their efforts 
to overcome the effects of past discrimination, and 
which incidentally limits in a small way the benefits 
available to everyone else, is not a “ suspect” classifi­
cation and is not subject to “ strict scrutiny.”

For example, in San Antonio School District v. Rod­
rigues, 411 U.S. 1 (1973), this Court held that popula­
tion groups disadvantaged by a Texas school financing 
scheme were not a “ suspect” class, entitled to review 
under a strict scrutiny standard. The Court explained 
that the class h ad :

. . . none of the traditional indicia of suspectness: 
the class is not saddled with such disabilities or 
subjected to such a history of purposeful unequal 
treatment, or relegated to such a position of poli­
tical powerlessness, as to command extraordinary 
protection from the m ajoritarian political proc­
ess.



9

111 U.S. at 28.7 See Califano v. Goldfarb, 97 S.Ct. 1021, 
1032-33 (1977). (Stevens, J., concurring) ; Id. at 1036 
(Rehnquist, J., dissenting). The class of white appli­
cants for admission to the Davis Medical School also 
have “ none of the traditional indicia of suspectness,” 
and government action that indirectly limits their op­
portunities by assuring the inclusion of minorities is 
not presumptively unconstitutional.8

In  several instances, this Court has upheld race con­
scious measures designed to eradicate or redress dis- 
crimination against protected minorities. E.g., United 
States Y. Montgomery County Board of Education, 395 
U.S. 225 (1969); Swann v. CJiarlotte-Mecklenburg 
Board of Education, 402 U.S. 1 (1971) ; McDaniel v. 
Barresi, 402 U.S. 39 (1971) ; United Jewish Organiza-

7 This description, also applies to women. See Frontiero v. 
Richardson, 411 U.S. 677, 685-86 (1973).

In Rodriguez, the Court also held that the right to a public school 
education is not a "fundamental right”—another indicia of the 
applicability of a strict scrutiny standard. If public school edu­
cation is not a fundamental right, then, of course, a medical school 
education is not a fundamental right.

8 This distinction in standards applicable to racial classifications 
based on the purpose of the classification and the identity of the 
beneficiaries is implicit in the decision of this Court last Term in 
United Jewish Organizations of Williamsburg v. Carey, 97 S. Ct. 
996 (1977). There, the Court upheld, against a Fourteenth 
Amendment challenge, legislative districting along racial lines de­
signed to create substantial black majorities in several election 
districts, at the expense of the voting strength of certain white 
citizens. The Court reached this conclusion without denominating 
the classification as "suspect” or invoicing the strict scrutiny 
standard. While there was no opinion of the Court, opinions 
reflecting the views of several members of the majority emphasized 
the lack of racial animus, and, indeed, the benign purpose of the 
legislation. See Id. at 1009-10 (White, J.), 1016-17 (Stewart, J .). 
See also Washington v. Davis, 426 U.S. 229 (1976).



10

Hons v. Carey, 97 S.Ct. 996 (1977). In  Morton v. Man- 
car i, 417 U.S. 535 (1974), this Court unanimously up­
held, against an equal protection challenge, a statute 
which requires the Bureau of Indian Affairs to give a 
preference in hiring to Native Americans. These de­
cisions are entirely inconsistent with, the notion that 
racial classifications are “ suspect” or “ presumptively 
unconstitutional,” where their purpose is to redress 
disadvantage and discrimination. Rather, in that sit­
uation, the normal presumption in favor of the con­
stitutionality of state action should be applied.

II. THE UNIVERSITY'S SPECIAL ADMISSIONS PROGRAM.
MEETS EVEN THE STRICTEST' STANDARD OF
REVIEW.

For the reasons stated, amici believe this Court 
should explicitly reject the notion that governmental 
efforts intended to assist minorities in achieving full 
equality should be viewed as presumptively unconsti­
tutional and tested under a compelling interest stan­
dard. Nevertheless, the program in this case meets 
even the strictest standard of review. The Davis Medi­
cal School’s efforts to include minorities in its student 
body is justified by a compelling social interest.

As a result of pervasive historic discrimination, 
there is a vast underrepresentation of certain minor­
ities among physicians in the United States today. 
President Lyndon B. Johnson sounded the keynote for 
affirmative action:

Consider this fact: Among white citizens one 
American in 670 becomes a doctor, but among Ne­
groes . . .  it is one in 5,000. . . . That is just not 
right. That is a  tragedy. That is a complete, ab­
solute indictment of our entire educational system 
and I  am going to say so here today.



11

We must recruit more talented Negro students 
for the medical profession. We must assist more 
institutions to educate more Negro doctors, Negro 
dentists, Negro nurses, and Negro technicians.

Speech, National Medical Association (Houston, Texas 
April 14,1968), quoted in 61 Journal of the N at’l Medi­
cal Ass’n 82 (1969). In  1972, when 12% of all Ameri­
cans were black, only 4,478 or 1.7% of the 320,903 active 
physicians were black. There was one physician for 
every 649 persons in the general population; but only 
one black physician for every 4,298 blacks.9 The ratio 
of black physicians to black population actually wors­
ened between 1942 and 1972, because the increase in 
the number of black physicians did not keep pace with 
the increase in the black population.10

Before special admissions programs were inaugu­
rated in medical schools throughout the United States, 
minority enrollment promised no improvement in this 
situation. In  the 1969-70 academic year, there were a 
total of 1,042 black students enrolled in medical schools 
throughout the country, or 2.8% of total enrollment— 
not significantly more than the black proportion of ac­
tive physicians. There were then 18 Ameriean-Indians 
in medical schools, .04% of total enrollment, and 92 
Mexican-Americans, .2% of total enrollment.11

9 T. Thompson, “ Curbing the Black Physician Manpower Short­
age,” 49 Journal of Medical Education 944 (Oct. 1974).

10 Id.

11 Association of American Medical Colleges, Medical School Ad­
mission Requirements, IJ.S.A. and Canada, Oh. 6 (Wash. D.C. 
1975).



12

As a result of special admissions programs, there 
has been a substantial increase in minority enrollment, 
but still far below the proportions of these groups in 
the population at large. By the 1974-75 school year, 
the percentage of black medical students rose to 6.3%, 
of American-Indians to 0.3%, and of Mexican-Ameri­
cans to 1.2%-,.12

The Davis Medical School opened in 1968. In  that 
year there were no black or Ghicano students in the 
school. From 1970-1974, fifty-seven black and Ghicano 
students were admitted under special admissions, but 
only seven were admitted under the regular admissions 
program. Petition for a W rit of Certiorari, pp. 5-6. 
I t  is thus clear that absent special admissions, there 
would be only token black and Ghicano enrollment in 
the medical school today.

There is a health care crisis in disadvantaged minor­
ity commuunities in California and throughout the 
United States. The infant mortality rate for black 
babies in America is almost double that of whites, and, 
in fact, approximates the rates in the developing coun­
tries.18 The maternal mortality rate for blacks is three 
times that for whites, and is on the rise.14 Minority 
babies who survive birth are twice as likely as white

12 Id. See also, Johnson, et al., “ Recruitment and Progress of 
Minority Medical School Entrants, 1970-74” , 50 Journal of Medical 
Education 721 (1975).

18 Darity, “ Crucial Health and Social Problems in the Black 
Community” , Journal of Black Health Perspectives, June/July, 
1974 at 3h

14 U.S. Dept, of Commerce and Labor, The Social and Economic 
Status of Negroes in the United States, 1970, Special Studies, 
Bureau of the Census, at 98.



13

babies to die in infancy.15 White life expectancy is 
substantially higher.16 The figures go on and on.17

Studies have established that minority professionals 
tend, to a very substantial extent, to practice in minor­
ity communities, and that they do so to a far greater 
extent than do white doctors.18 And, of course, statisti-

15 Spruce, ‘ ‘ Toward a Larger Representation of Minorities in 
Health Careers” , 64 J. N at’l Med’l Ass’n 432 (1972).

16 Darity, op. cit. supra. See TJ.S. Dept, of Commerce, Bureau 
of the Census, Statistical Abstract of the United States, 1971 at 53.

17 The critical shortage of doctors in ghetto communities exacer­
bates the health problems of minorities. Par fewer doctors are 
willing to work in inner city neighborhoods than in more affluent 
areas. For example, in 1976, the physieian-to-patient ratio was 
73 per 100,000 in Central Harlem, as compared to 222 per 100,000 
in New York State as a whole. T. Thompson, “ Curbing the Black 
Physician Manpower Shortage” , 49 Journal of Medical Education, 
944-50 (Oct. 1974) ; See also, B. Roth, “ Patient Dumping” 
Health/PAC Bulletin #5 8 : 6-10 (May/June 1974) ; Health Policy 
Advisory Center, “ Your Health Care in Crisis” (New York: 
Health/PAC 1972); A.R. Somers, “ Health Care in Transition; 
Direction for the future” (Chicago: Hospital Research and Edu­
cational Trust, 1971).

18 A study of the practice patterns of two graduating classes at 
two predominately black medical colleges—Howard University 
and Meharry Medical College (Nashville, Tennessee)—revealed 
that 36% of all graduates accepted intern and resident positions 
in governmental hospitals serving the poor, as compared with 13% 
of all medical school graduates. Kaleda & Craig, “ Minority 
Physician Practice Patterns and Access to Health Care Services” , 
2 Looking Ahead 1, 5 (Nov./Dec. 1976). See also H. Tilson, 
“ Stability of Employment in CEO Neighborhood Health Centers,” 
11 Medical Care No. 5 (1973). Kaleda & Craig also found that 
a far higher proportion of the graduates of these schools than of 
all medical colleges chose to locate in Central City communities 
which have the largest concentrations of minority residents. Kaleda 
& Craig, op. cit. supra, p. 4, Table 2. Another study found that 
approximately two-thirds of the patient care of Howard Uni­
versity graduates was provided to blacks. Johnson, “ Highlights



14

cal likelihood is enhanced by expressed intention. Every 
single student admitted to Davis under the special ad­
missions program expressed an intention to serve dis­
advantaged communities upon graduation. C.T. 68: 
14-16. Given the direct link between minority physi­
cians and improved delivery of health care services in 
minority communities, there is obviously a compelling 
societal interest in programs to include minorities in 
medical college.

There are other compelling reasons for special admis­
sions at Davis.

First, there is the essential fairness, in a state with a 
22% black and Ohieano population,19 to include minor­
ity students in a publicly supported medical school.

Second, the admission of minorities diversifies the 
student body and permits faculty and students alike to 
derive the benefits of an integrated education, inclusive 
of minority group students who have a special appre­
ciation for the customs, habits and medical needs of 
their own j)eople.

The purpose of racial integration is to benefit 
the community as a whole, not- just certain of its 
members.

Otero v. New York Housing Authority, 484 E.2d 1122, 
1134 (2d Cir. 1973).
of Medical Alumni Survey,” Howard University Medical Alumni 
Association 4 (Feb. 1977). See generally Jackson, “ The Effec­
tiveness of a Special Program for Minority Group Students,” 47 
Journal of Medical Education 620-24 (Aug. 1972). A recent TJ.S. 
government study revealed that 87% of the medical visits of black 
patients were to black doctors. National Ambulatory Medical Care 
Survey, 1975, National Center for Health Statistics, Unpublished 
Data, (II.S. Dept, of H.E.W., 1975). See also, Briefs Amici Curiae 
of the Mexican-Ameriean Legal Defense Fund and the California 
State Department of Health.

19 See note 6, supra.



15

Third, increased numbers of minority professionals 
is a countervailing force to racial polarization, because 
minority professionals are a source of leadership to 
minority communities, and are able to assume positions 
of importance and power in the society at large. More­
over, to black and Chicano youths, professionals of 
their own race, and functioning in their own commun­
ities, serve as role models, and demonstrate the feasibil­
ity of educational and professional advancement.

This Court has approved race conscious measures 
designed to overcome the legacy of discrimination 
against minorities.

The Board of Education, as part of its affirmative 
duty to disestablish the dual school system, prop­
erly took into account the race of elementary school 
children in drawing attendance lines. To have 
done otherwise would have severely hampered the 
board’s ability to deal effectively with the task at 
hand.

McDaniel v. Barresi, 402 TLS. 39, 41 (1971). See 
United States v. Montgomery County Board of Educa­
tion, 395 U.S. 225 (1969) ; Morton v. Mancari, supra; 
United Jewish Organization v. Carey, supra. Cf. Lau 
v. Nichols, 414 TT.;S. 563 (1974). And the lower courts 
have upheld race conscious hiring programs adopted 
pursuant to the Affirmative Action requirements of 
Executive Order 11246. Associated General Contrac­
tors v. Altshuler, 490 F.2d 9 (1st Car. 1973), cert, de­
nied, 416 TLS. 957 (1974); Contractors Association v. 
Schulz, 442 F.2d 159 (3rd Cir.), cert, denied, 404 TLS. 
854 (1971).

[Colorblindness] has come to represent a  long 
term goal. I t  is by now well understood, however, 
that our society cannot be completely colorblind in



16

tilie short term if we are to have a colorblind soci­
ety in the long term

Associated General Contractors v. Altshuler, supra, 
490 F.2d at 16.

The Court below suggested that race conscious meas­
ures are not permissible unless there has been a history 
of past discrimination and unless the remedy is imposed 
by the Courts after a finding of unlawful conduct. 553 
Pae.2d at 1168-69. But reason does not support such a 
rule and there are strong reasons to the contrary.

I t  may be that in this case the Davis Medical School 
did not itself practice racial discrimination prior to 
the adoption of its special admissions program, but the 
Medical School is an agency of the State of 'California. 
And, as the briefs amicus curiae of the NAA.GP Legal 
Defense Fund and the Bar Association of San F ran­
cisco County, et al. make clear, there has been substan­
tial racial discrimination against minorities in Califor­
nia in connection with elementary and secondary edu­
cation.*0 In  cannot reasonably be doubted that the 
relative absence of minorities in the Davis student 
body prior to the adoption of the special admissions 
program was a result of this discrimination. In  these 
circumstances, the Fourteenth Amendment gives wide

20 State and federal courts in California have found racial segre­
gation and discrimination in the schools of the state’s largest cities. 
See e.g., Johnson v. San Francisco Unified, School District, 339 
F. Supp. 1315 (N.D. Cal. 1971), rov'd in part on other grounds, 
500 P. 2d 349 (9th Cir. 1974) ; Spangler v. Pasadena City Board 
of Education, 311 P. Supp. 501 (C.D. Cal. 1974) (denial of modi­
fication of decree) aff’d, 519 F. 2d 430 (9th Cir. 1975), rev’d on 
other grounds, 427 U.S. 424 (1976) ; Soria v. Oxnard School Dis­
trict, 386 F. Supp. 539 (C.D. Cal. 1974) (Los Angeles) ; Jackson 
v. Pasadena City School District, 59 Cal. 2d 876, 31 Cal. Eptr. 606, 
382 P.2d 878 (1963).



17

range to voluntary measures designed to include min­
orities in the medical college.

School authorities are traditionally charged with 
broad power to formulate and implement educa­
tional policy and might well conclude, for example, 
that in order to prepare students to live in a plur­
alistic society each school should have a prescribed 
ratio of Negro to white students reflecting the pro­
portion of the district as a whole. To do this as an 
educational policy is within the broad discretion­
ary powers of school authorities; absent a finding 
of constitutional violation, however, that would not 
be within the authority of a federal court.

Swann v. Charlotte-Mecklenburg Board of Education, 
402 U.S. 1, 16 (1971).

There is no reason for prohibiting voluntary correc­
tive steps until a lawsuit has been instituted, defended 
and lost. This Court has recognized that the remedial 
or benign purpose of disparate treatment supports a 
finding of constitutionality, without reference to legal 
liability for past discrimination. See Schlesinger v. 
Ballard, 419 U.S. 498 (1975); Kahn v. Shevin, 416 
U.S. 351 (1974) ; Califano v. Goldfarb, 97 S.Gt. 1021, 
1028, n. 8 (1977) (plurality opinion).

Moreover, our national efforts to eradicate racial 
discrimination recognize the desirability of voluntary 
corrective efforts. See, e.g., 42 U.S.C. § 2000e-5(6). 
Voluntary action comes about without the expense and 
animosity of litigation and judicial findings of invid­
ious discrimination. More importantly, a principle of 
correction only through litigation imposes the burden 
on disadvantaged minorities to marshall the resources 
to institute and successfully prosecute what is often



18

very expensive, protracted and complicated litigation. 
I t  may seem that the federal courts are flooded with 
lawsuits seeking to redress racial discrimination, but 
the fact is that most valid claims are not litigated be­
cause of these practical factors."1 Redress through 
litigation also imposes a heavy burden on the courts 
and on the defendants. A rule limiting affirmative 
action to litigated cases and court imposed injunctions 
would frustrate and not further the purposes of the 
Fourteenth Amendment.

Where a university determines voluntarily to redress 
a near-total absence of minority group members from 
its student body, its efforts should be welcomed and not 
denied. Whites are accorded more places in the Davis 
Medical School than their proportion of the California 
population. Nothing in the constitution demands the 
virtual exclusion of minorities in pursuit of a policy 
of Social Darwinism.

HI. THERE ARE NO REALISTIC ALTERNATIVES TO A 
RACE CONSCIOUS SPECIAL ADMISSIONS POLICY 
AS A MEANS OF INCLUDING MINORITIES IN THE 
DAVIS MEDICAL SCHOOL.

As discussed above, the court below applied the 
1 ‘ strict scrutiny” equal protection test in this case. 
Although that court was willing to assume that the 
Davis special admissions policy is justified by a com­
pelling state interest, 553 Pac. 2d at 1165, it invalidated 
the policy on the ground that the state’s interest could 
be served without resorting to race conscious admis­
sions. Id. Because, under this Court’s decisions, the 
strict scrutiny test should not be applied to a benign

21 See H.R. Rep. No. 94-1558, pp. 2-3 (94th Cong., 2d Sess.) 
(1976).



19

policy intended to help overcome the present effects 
of past discrimination against minority groups, it is 
not the University’s burden to establish that there are 
no colorblind means of achieving the same purpose. 
Where the strict scrutiny standard is not applicable, 
it is not for the courts to weigh the desirability of 
alternative policies that might have been adopted by 
state officials. I f  the policy adopted by the state is 
justifiable, that is the end of the inquiry.

But apart from the invalidity of the inquiry into pos­
sible alternatives, we think it clear that the alternative 
policies suggested by the California Supreme Court 
would each be ineffective or impractical. None is in 
any sense supported by the record in this case or by 
any empirical experience.

First, the lower Court suggested additional recruit­
ment of minorities. Id. at 1166. The Medical School 
already engages in intensive minority recruitment, and 
there is simply no reason to believe, and indeed every 
reason to doubt, that additional recruitment would pro­
duce minority candidates who meet regular admissions 
standards.

Next, the Calif ornia Court suggested that the size of 
the school be expanded in the hope that a, larger enter­
ing class would include a large number of minorities. Id. 
But the expansion of medical school facilities is enorm­
ously costly, and funds for this purpose have not been 
made available. Moreover, given the more than 3,700 
applications for the 100 spaces in the 1971 entering 
class at Davis and the large number of white candi­
dates with excellent credentials, it is doubtful that even 
doubling of the size of the medical school would have 
any significant impact on regular minority admissions. 
Bather, it seems probable that the increase in regular 
minority admissions would be proportionate to the in-



20

crease in the. size of the school, so that the size of the 
school would have to be multiplied many times before 
any substantial number of minority candidates would be 
admitted by regular admissions. This is not a prac­
tical approach.

The California Court placed most emphasis on a 
policy of affording special consideration to economic­
ally “ disadvantaged” applicants rather than to minor­
ity applicants. Id. But many black applicants are not 
“ disadvantaged” in terms of economic status, and most 
economically disadvantaged applicants are white. See 
Sandalow, op. cit. supra, at p. 692, n. 113. This ap­
proach would cut off: the source of many of the most 
qualified black applicants—those from middle class 
families who are most likely to seek professional train­
ing—and recpdre the admission of large numbers of 
additional white applicants to achieve the goal of more 
minority students. This approach would be awkward, 
unmanageable and of dubious efficacy in achieving the 
goal of increased numbers of minority professionals.

Lastly, the California Court suggested more flexible 
admissions standards, which would emphasize personal 
interviews, recommendations and other non-score data. 
Id. But unless such a program is intended to provide a 
mechanism for surreptitious consideration of race, 
there is no reason to believe it would significantly in­
crease the admission of minority candidates. There 
are white as well as black candidates with impressive 
non-score credentials, and many of the whites have 
impressive score credentials as well. Given the great 
preponderance of whites among the applicant pool, it 
seems reasonable to conclude that a truly noil-racial 
implementation of such a program would not signifi­
cantly increase admissions of minority candidates.



21

We submit that Davis’ special admissions policy is 
narrowly drawn, is fair to white applicants, and is ef­
fective to achieve a compelling state purpose. I t  should 
not be discarded in favor of indirect procedures that 
would radically alter the school or its regular admis­
sions policy, and that are of questionable value in 
increasing the admission of minority students.

CONCLUSION

The judgment of the California Supreme Court 
should be reversed.

Respectfully submitted,
R ichard  B . S obol 

Sobol & Trister 
910 Seventeenth Street, N.W. 
Washington, D. C. 20006 
(202) 223-5022 
Attorney for Amici Curiae

Of Counsel:
M arian  W r ig h t  E delm a n  
S t e p h e n  P .  B erzon  

1520 New Hampshire Avenue, N.W.
Washington, D. C. 20036

J o seph  L . R a ijh , J r .
1001 Connecticut Avenue, N.W.
Washington, D. C. 20036

D ated: June 7,1977



APPENDIX



la

APPENDIX

The National Council of Churches of Christ in the 
United States of America is the cooperative agency of 
30 national Protestant and Eastern-Orthodox religious 
denominations with an aggregate membership of over 40 
million people. The National Council of Churches of 
Christ is organized exclusively for religious purposes and 
it is committed to promoting the application of the law 
of Christ in every sphere of human relations. In light of 
the Council’s historic involvement in the struggle for 
racial justice and its interest in promoting equal educa­
tional opportunities for all, regardless of race, ethnic back­
ground, sex, or economic condition, the National Council 
of Churches of Christ has joined this brief.

The American Coalition of Citizens with Disabilities 
(ACCD) is a nationwide organization composed of both 
disabled and non-disabled individuals and of local, state and 
national organizations dedicated to assisting disabled 
people. ACCD works on behalf of its thousands of mem­
bers to obtain improved education, expanded rehabilita­
tion programs, accessible housing, effective transportation 
and extensive employment opportunities and to end dis­
crimination on the basis of disability.

The Americans for Democratic Action, founded in 1947, 
is an organization of individuals that has devoted itself 
to the cause of civil rights for all. Over the past three 
decades, it has worked for the enactment of civil rights 
legislation and for the promotion of equal opportunity 
through every branch of government and in all walks of 
life.

The American Federation of State, County and Mu­
nicipal Employees, AFL-CIO, is the largest public sector 
labor organization in the United States, with a member­
ship of more than 750,000 persons, almost all of whom 
are employed by state and local governments throughout



2a

the nation. AFSCME is deeply concerned with the 
achievement of equality in America. Its members, as pub­
lic employees and as citizens, are committed to the prin­
ciple of affirmative action toward equal opportunity by 
public institutions.

The American Public Health Association is a national 
non-governmental organization established in 1872. Its 
objective is to protect and promote personal and environ­
mental health. With a membership of over 50,000 health 
professionals, including 51 affiliated organizations, it is 
the largest public health organization in the world. 
APHA’s primary purpose is to develop a national health 
policy to provide equitable, low-cost, quality health care 
for all citizens. Since 1973, the Association has pursued 
a policy of working with educational institutions to in­
crease the number of minority health professionals by 
developing and expanding affirmative action programs.

The principal aim of the Children’s Defense Fund of the 
Washington Research Project is to assist in achieving 
equality of opportunity for all citizens by public education, 
monitoring of agency programs, negotiation and litigation. 
Established in 1968, the Project is deeply concerned with 
educational issues, particularly those dealing with allevi­
ating the continuing effects of racial discrimination in pub­
lic schools. The Project has conducted a number of studies 
of federal desegregation policies and the impact of federal 
aid to education. These studies include higher as well as 
primary and secondary education to ensure that the na­
tional commitment to end discrimination is fulfilled. In 
1973, the Project complemented these efforts with a broader 
focus on children’s rights, seeking systematic reforms on 
behalf of all the nation’s children, with special attention to 
the unique problems of minority and poor children.

The International Union of Electrical, Radio and Machine 
Workers, AFL-CIO, CLC (IUE) has over 285,000 members



3a

throughout the Nation, 100,000 of whom are women, and 
many of whom are members of disadvantaged minority 
groups. The IUE is a leader among unions in championing 
the civil rights of its members. It has instituted numerous 
suits under federal and state fair employment laws, and has 
fded many charges of discrimination with administrative 
agencies. The IUE believes that affirmative action is an in­
dispensable tool toward the elimination of the legacy of 
discrimination.

The International Union, United Automobile, Aerospace, 
Agricultural Implement Workers of America (UAW) is 
the largest industrial union in the world, representing 
approximately a million and a half workers and their 
families. Including spouses and children, UAW repre­
sents more than 4y2 million persons throughout the United 
States and Canada. The UAW, which is deeply com­
mitted to equal opportunity and anti-discrimination, does 
much more than bargain for its members. It is active in 
civic affairs and citizenship and legislative activities. It 
is by mandate of its Constitution and tradition deeply in­
volved in 'the larger issues of the quality of life and the 
improvement of democratic institutions. The questions 
presented by this case vitally affect the UAW and its 
members.

The Japanese American Citizens League (JA.OL) is a 
national organization comprised of 105 local chapters with 
over 30,000 members in 32 states. Since its official organi­
zation in 1930, JACL has been dedicated to the promotion 
of the welfare of its members and to the broader goal of 
the protection of the rights of all Americans. Having 
suffered through one of the most intense periods of dis­
crimination in the modern history of the United States— 
the exclusion of over 100,000 persons of Japanese descent 
from the West Coast during World War II—Japanese 
Americans are acutely aware of the potentially invidious 
and unjust consequences of governmental programs based



4a

exclusively upon race. However, JACL is joining in this 
brief because it believes that it is imperative that affirma­
tive efforts be made to increase educational opportunities 
for individuals who are disadvantaged because of race.

Mexican-American Political Association (MAPA) is a 
non-profit corporation, founded in 1960, for the purpose 
of increasing Mexican-American participation in the 
American political process. The organization concen­
trates its energies on promoting legislation effecting Mex- 
ican-Amricans such as voting rights, education and affirma­
tive action. MAP A has chapters throughout California 
and the southwest.

The National Council of Negro Women, founded in 1935, 
is a coalition of twenty-seven national organizations. It 
is committed to improving opportunities for black women 
and their children. The issues in this case vitally concern 
its constituent organizations and their members.

The National Education Association, founded in 1857 and 
chartered by a special act of Congress in 1906, is the 
nation’s oldest and largest organization of educators. I t ’s 
current membership of 1,500,000 persons includes more 
than 44,300 members employed in higher education. The 
NEA believes that our nation’s educational institutions, 
at all levels, should reflect the diversity of our society 
and that the presence of significant numbers of minority 
students in professional schools will have the salutary 
effect of motivating minority students to aspire to pro­
fessional careers and of promoting greater racial education, 
and harmony.

The National Health Law Program is a legal service 
corporation support program for the poor. Its functions 
include litigation, legislative analysis, administrative en­
forcement and. education of attorneys, health workers and 
policy makers on behalf of low income health consumers. 
Since its founding in 1970, a key component of its litigation



5a

effort has been to assure access to health care by minori­
ties and the poor.

The National Lawyers Guild is an organization founded 
in 1937 with over 5,000 members. It works to maintain 
and protect civil rights and civil liberties.

The National Legal Aid and Defender Association 
(NLADA) is the national organization of public defense 
and legal services offices. Its constituency is the indigent 
population served by attorneys from these offices. Founded 
in 1911 by 15 legal aid societies, NLADA today has over 
1,500 member programs with approximately 6,000 partici­
pating attorneys, including, the great majority of defender 
offices, coordinated assigned counsel systems, and legal 
aid societies in the United States. NLADA seeks to enlist 
the support of the bar and the general public on behalf 
of equal access to legal representation.

The National Organization for Women (NOW") is a 
national membership organization of women and men or­
ganized to bring women into full and equal participation 
in every aspect of American society. The organization 
has a membership of approximately 56,000 with over seven 
hundred chapters throughout the United States.

The National Urban League, Inc., is a charitable and 
educational organization organized as a not-for-profit cor­
poration. For more than 65 years the League and its 
predecessors have addressed themselves to the problems 
of disadvantaged minorities in the United States by im­
proving the working conditions of blacks and other minori­
ties, by fostering better race relations and increased un­
derstanding among all persons, and by implementing pro­
grams approved by the League’s interracial board of trus­
tees. The League has concluded from its experience in 
manpower training, placement of minority professionals 
and other employment related programs that special meas­
ures are required to overcome the damage done by long­
term racism and prejudice.



6a

The United Farm Workers of America, AFLhCIO, is an 
unincorporated association which functions as a trade union 
on behalf of farm workers. In addition to its interest in 
wages, hours, and working conditions, it is vitally inter­
ested in the social betterment of its members and particu­
larly in their obtaining higher educational opportunities.

The United Mine Workers of America (UMWA) is a 
labor organization representing coal miners. Throughout 
the United States the UMWA has been in the forefront 
of the nation’s struggle for equal opportunity in employ­
ment and it is dedicated to the principle of equal oppor­
tunity in every walk of American life.

The United States National Student Association, founded 
in 1946, represents Colleges, Universities, County and 
Junior College Students throughout the Nation. Histori­
cally, NSA has had a commitment to Civil Rights, includ­
ing the right of access to quality education for racial and 
ethnic minorities.

The Young Woman’s Christian Association (YWCA) is 
the oldest and largest women’s membership movement in the 
United States. It is a part of the world YWCA organiza­
tion, which operates in 83 countries, and is dedicated to 
helping women and girls put into practice the ideas of 
peace, justice, freedom and dignity for all people. One of 
the YWCA’s overriding priorities is the elimination of 
racism.



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