 The 4–1–4 split makes PICS somewhat similar to the 1978 "Bakke" case, which held that affirmative action was unconstitutional in the case directly before the Court.Nonetheless, "Bakke" was used to uphold the validity of affirmative action programs that fostered diversity in higher education for a quarter of a century.To that end, in 2011, the U.S. Department of Education and U.S. Department of Justice jointly issued "Guidance on the Voluntary Use of Race to Achieve Diversity and Avoid Racial Isolation in Elementary and Secondary Schools", acknowledging the flexibility that school districts have in taking proactive steps to meet the compelling interests of promoting diversity and avoiding racial isolation within the parameters of current law.