ROANOKE TIMES

                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: TUESDAY, May 23, 1995                   TAG: 9505230101
SECTION: NATIONAL/INTERNATIONAL                    PAGE: A-2   EDITION: METRO 
SOURCE: Associated Press
DATELINE: WASHINGTON                                 LENGTH: Medium


BLACK SCHOLARSHIP RULING WILL STAND

The Supreme Court refused to let the University of Maryland reinstate a scholarship limited to black students Monday, turning down officials' argument that the program was well-justified affirmative action.

The action ``marks the beginning of the end'' for such race-based scholarships nationwide, said an attorney for a group representing a student in the case. But an official with the American Council on Education said it was not yet time to sound ``the death knell for minority scholarships.''

The justices made no comment in letting stand a lower court ruling that said the blacks-only scholarship program violated other students' constitutional right to equal protection.

The Clinton administration had supported the university's appeal, saying the federal appeals court used the wrong legal standard. Monday's court action comes amid a major administration review of affirmative action programs.

``We're very disappointed,'' said University of Maryland spokesman Roland King. ``This is an affirmative action program that we believe has been effective in increasing the part of African-Americans at the university.''

The high court action was not a ruling on the validity of race-exclusive scholarships, which are offered by many colleges and universities across the nation.

But attorney David Price of the Washington Legal Foundation, which represented the Hispanic student who challenged the scholarship, predicted other courts would look to the federal appeals court ruling in the Maryland case.

``It marks the beginning of the end for publicly funded race-based scholarships,'' Price said.

But David Merkowitz of the American Council on Education said the appeals court's ruling had been based on the specific facts involved in the Maryland program.

``Certainly, there's going to be an impression that this is the death knell for minority scholarships,'' Merkowitz said. ``But we don't believe that.''



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