Sample Equal Protection Question
(Suggested time: 45 minutes) (30 points)

Michael Milton is a rich entrepreneur who has amassed a personal fortune in the billions. Mr. Milton grew up in a poor family. He was able to go to college on a full scholarship because of his outstanding performance on a science achievement test. After majoring in chemistry, he went on to form a cosmetics company and make a fortune based on a line of products he invented.

Mr. Milton grew up in Central City, a large city with a population of 1 million people. Central City is a city with all of the problems associated with urban life including crime, drug use, poverty, unemployment, and illiteracy. The city population includes 500,000 African-Americans, 300,000 whites, 100,000 Asian-Americans and 100,000 Hispanics.

Mr. Milton was concerned that few of the African-American children growing up in Central City go on to college and major in science. National figures show that less than five percent of the undergraduate science and engineering degrees awarded annually are awarded to African-Americans. To try and change that situation, Mr. Milton donated money to Central City University (CCU), a state university located in Central City. The money was given to CCU to create a scholarship program called the Milton Science Scholars Program. Each year CCU selects 25 indigent African-American students from Central City that have shown an interest in science and provides them with a free college education at CCU. Approximately 250 students apply for the scholarship program every year. From that group of 250 applicants, the Director of Admissions at CCU selects 50 finalists. Each of the 50 finalists is interviewed by a four-person panel that consists of four members of the science faculty at CCU. After the interviews, the faculty members select 25 Milton Scholars.

Katherine Kellogg (KK) is a poor, white student from Central City who wants to go to college and major in chemistry. She has an outstanding high school record and test scores. KK recently applied to be a Milton Scholar, but was turned down without her application even being considered because of her race. She has sued CCU claiming it violated the Equal Protection Clause of the Fourteenth Amendment because it discriminated against her on account of her race.

You are a law clerk to the judge assigned to the case. The judge asks you to write an analysis of the equal protection arguments that can be made by KK in her suit against CCU as well as the equal protection arguments that can be made by CCU in defense of the criteria it uses for the selection of Milton Scholars.