1. The faculty of Baxter State College (hereinafter "BSC") adopted an affirmative action plan for faculty hiring after finding that racial minorities were severely underrepresented on the college staff.Under the plan, every other faculty member hired must be black or Latino until the percentages of blacks and Latinos on the Baxter faculty reach the percentages these groups occupy in the state's population.The faculty adopted the plan after a US Justice Department study found that the nation's colleges and universities had a long history of racial discrimination in faculty recruitment.Mary was turned down for a job at Baxter's history department because she is white.She has sued the college, claiming a violation of the Equal Protection Clause.What is the likely outcome of this lawsuit? In answering your question, please provide an analysis of how you came to your conclusion.
2. In addition to the affirmative action plan for faculty hiring, Baxter adopted a policy designed to produce a more diverse student body.Under the policy, the college uses a selection index on which an applicant may score a maximum of 150 points.Those whose point totals are 100 or above are certain to be admitted; those with fewer than 75 points are likely to be rejected; and those with between 75 and 99 points may or may not be accepted, with the likelihood of admission increasing with their scores.Of the 150 possible points, up to 110 may be awarded for academic performance factors, including high school grade point average, standardized test scores, and quality of the high school.Up to 40 additional points may be assigned for other, nonacademic factors, such as in-state residency, alumni relationships, personal essay, and personal achievement or leadership.Most of these nonacademic factors carry a low number of points (between 3 to 5 points).However, any applicant who is an "underrepresented minority," defined as including African Americans, Hispanics, and Native Americans, automatically receives 20 additional points.As a result virtually every qualified applicant from these racial groups has been admitted to the college.Does the Baxter student diversity policy violate the Equal Protection Clause of the Fourteenth Amendment? In answering your question, please provide an analysis of how you came to your conclusion.