| Argument |
Maximum
Points
|
| Classification is based on race since
only blacks are eligible for the scholarship. This program
discriminates against other racial groups including white,
Hispanic, and Asian applicants. Race is a suspect
classification. |
2 points |
| Classification also discriminates based
on residence and wealth, but these are not suspect classes
so CCU only needs to show that the discrimination is
rationally related to a legitimate governmental interest.
Since CC has many poor residents who are unable to afford
to go to college, it is rational to provide scholarships
for such students. |
2 points |
| Standard of Review - The classification,
even though benign and an example of affirmative action
rather than invidious discrimination, will still need to
satisfy strict scrutiny (the use of the classification
must be narrowly tailored to accomplish a compelling
governmental interest). |
3 points |
| LL argues the government’s interest is
not compelling. CCU is not compensating for its own past
discrimination and it is not attempting to achieve student
body diversity. These are the only compelling interests
the Supreme Court has recognized to justify racial
discrimination in education. CCU is trying to rectify
societal discrimination that results in a small number of
black scientists. This is not a compelling justification. |
4 points |
| CCU argues that in light of the low
number of black scientists, it has a compelling
justification for the scholarship program because it would
rectify under-representation in the sciences and
contribute to educational diversity in CCU’s science
classes. |
3 points |
| LL argues that the means are not narrowly
tailored. Race neutral means are available as an
alternative. In light of the significant number of blacks
in the population of CC, it is likely that a scholarship
program aimed at poor residents of CC, even without any
requirement of eligibility based on race, would result in
a significant number of blacks among the Milton Scholars.
To make sure that this occurs, CCU could recruit heavily
to encourage black applicants. Also, the program could use
a holistic system to evaluate applicants for scholarships
where race was only a plus factor and not determinative
like Michigan Law School. |
5 points |
| CCU argues the means are narrowly
tailored. This program, unlike the University of Michigan
undergraduate admissions program, does not prevent any
students from attending CCU. No places are put aside for
black applicants. A program paid for with private money
and carrying out the wishes of a private citizen w/o
spending tax money does not involve impermissible action
on part of gov't. Forcing gov't to reject the money would
not benefit any students. A targeted scholarship program
paid for with private funds is narrowly tailored to
achieve a compelling governmental interest. |
5 points |
| Program has much less adverse impact on applicants who are not eligible to become Milton Scholars (minority applicants who are not black such as Hispanic and Asian applicants as well as white applicants) than admissions programs at U of Michigan. Students are not denied a place at CCU. They are no worse off than they would be if CCU did not have the Milton Scholars program. Therefore, the program helps those it benefits and does not harm those it doesn’t benefit. | 3
points |
| Miscellaneous and special level of
understanding of constitutional issues |
3
points |