Review the case facts and answer the questions. Fully explain each response. Yes or no is not a full answer.

Facts : The legislature of the state of TBD enacted the Top Ten Percent Law that guarantees college admission to students who graduate from a TBD high school in the top 10 percent of their class. Those students may choose to attend any of the public universities in the state, including the state's top University. The remaining 25 percent of the incoming class is admitted based on a combination of their GPA, SAT score and other academic performance in high school, and Personal Achievement Index (PAI), which is a holistic review of the applicants essays, leadership and work experience, extracurricular activities, community service, and other special characteristics. Race is given weight as a factor within the PAI. Petitioner Nancy Drew, a Caucasian, applied for admission to the Universitys 2008 freshman class. She was not in the top 10 percent of her high school class, so she was evaluated for admission through the holistic review. Drews application was rejected by the University. Drew filed suit, alleging that the Universitys consideration of race as part of its holistic-review process disadvantaged her and other Caucasian applicants in violation of the Equal Protection Clause.

. Questions:

1. Is the Equal Protection Clause applicable to decide this case? -Please fully state why or why not

2. What is the Standard of Review for this case? (Fully explain your choice)

3. Is this race conscious admission program lawful under the Equal Protection Clause? Why or why not?