| Argument |
Maximum
Points |
| Classification is based on race since only
African Americans are eligible for the scholarship. This program
discriminates against other racial groups including white, Asian, and
Hispanic 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 legit
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 |
| KK 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 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 African-American scientists, it has compelling justifications 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 |
| KK argues that the means are not narrowly
tailored. Race neutral means are available as an alternative. In light
of the significant number of African-Americans 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 African-Americans 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 means are narrowly tailored. This
program, unlike Michigan admissions programs, 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
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. Targeted scholarship program paid
for with private funds is narrowly tailored to achieve compelling
gov'tal interest. |
5
points |
| Program has much less adverse impact on applicants who are not eligible to become Milton Scholars (minority applicants who are not African-American such as Asians and Hispanic applicants and white applicants) than admissions programs at U of Mich. Students not denied place at CCU. They are no worse off than they would be if CCU did not have Milton Scholars program. Therefore, program helps those it benefits and does not harm those it doesn’t benefit. | 3
points |
| Miscellaneous and special level of
understanding of const'al
issues |
3
points |