Answer the following question based on

STUDENTS FOR FAIR ADMISSIONS, INC.,

PETITIONER

v.

PRESIDENT AND FELLOWS OF

HARVARD COLLEGE

ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF

APPEALS FOR THE FIRST CIRCUIT

20-1199

STUDENTS FOR FAIR ADMISSIONS, INC.,

PETITIONER

v.

UNIVERSITY OF NORTH CAROLINA, ET AL.

Any rough outline you can provide is greatly appreciated!!!!

Question:

How do the majority opinion and Justice Sotomayor's dissent differ on whether the Harvard and UNC admissions processes pass the strict scrutiny test. Which opinion do you think makes the better argument and why?

• First, the standard: the majority and the dissent agree on the standard of review (strict scrutiny); state it and explain it - outside source?
• Second, walk through each of the opinion's application of the standard TO THE FACTS and explain how they differ
  • Racial classification
  • Compelling interest
  • Narrow tailoring
• Lastly, evaluate their arguments; look for:
  • Most complete and accurate application of the standard to the facts
    • Consider the application of the standard to legally relevant facts of the case
  • Consider consistency/inconsistency with precedent
  • Other factors to consider
    • Guidance to lower courts in future cases/workability
    • Consistency in the law
    • Stare decisis considerations