Yesterday I cited Eric Wang’s critical column on racially exclusive scholarships at the University of Virginia, “Waiting To Be Sued.”
There’s no waiting at The University of Wisconsin in Madison.
MILWAUKEE – A financial aid program for minority students in the University of Wisconsin System has been challenged in a complaint filed with the U.S. Department of Education’s Office for Civil Rights, but system officials insist the program is defensible because it complies with state law.
I seem to remember University of Alabama officials making a similar argument. Of course, that was back in the days when liberals weren’t as fond of states rights as they (sometimes) are now.
Seriously, with the Grutter decision serving as precedent, why would this be found unconstitutional?
Will,
Under Gratz, race cannot be the overwhelming factor. If you have a black only scholarship, then race is overwhelmingly the factor in getting the scholarship. Under Grutter, race can be one of many factors but cannot be the only factor. Same argument and the same conclusion that black only scholarships are illegal.