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Assessing Judicial Arguments
The purpose of this exercise is to analyze the types of evidence and arguments
used in the Bakke case, which was heard before the U. S. Supreme Court on October
12, 1977. The Court ruled on June 26, 1978 in favor of Bakke, but the Justices
did not agree on a majority decision.
We will also look at the arguments in light of the five-part model of the judicial
speech: narration, definition, argument, counter-argument, and conclusion.
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First, find the case at Oyez, the Supreme Court oral argument page. In the search
box simply type in "Bakke." This will lead to links for the oral arguments
presented when the case was heard in October and statements by several of the
Justices as they read from their opinions in June at http://www.oyez.com/oyez/portlet/directory/.
You can also find the printed version of the opinions of the Justices by clicking
on the icon for FindLaw.
After reviewing the materials on the case, answer the following questions.
1. Narration:
the facts of the case
What were the most important facts that make up the narration? In the classical
model of the judicial speech, the narration focus on establishing the background
of a case at hand.
2. Definitions: Legal terms and principles that are most salient to the case
at hand
What core issues must be decided in the case in light of the definitions and legal principles that apply?
3. Argument: The position of the advocate
Based on what you've read or heard, what is your view on the Bakke controversy? How is that position supported?
4. Counter-Argument: The argument of the opposition that must be refuted
What is the other side of the controversy? Why do you disagree with it?
5. Conclusion with a call for a decision or action
What further action, in your view, needs to be taken to deal with the issue of affirmative action?
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