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Upon his death, Dr. Ezra L. Totton鈥攚ho overcame significant barriers to pursue postsecondary education and went on to make substantial contributions as a chemistry researcher and professor鈥攁llocated 40 percent of his estate to charitable purposes. His gift established the 鈥淓zra L. Totton Scholarship for Black students majoring in the physical sciences, preferably chemistry,鈥� at the University of Iowa. Neither the gift letters sent to the University nor those sent to other charitable beneficiaries referred to first-generation students.

In 2025, the University filed an application seeking to modify the scholarship鈥檚 terms, asserting that it could no longer carry out Dr. Totton鈥檚 expressed intent because the restriction was unlawful under Students for Fair Admissions, Inc. v. Harvard College (SFFA). The University proposed to repurpose the scholarship to benefit 鈥渇irst-generation students majoring in the physical sciences, preferably chemistry.鈥� The district court denied the University鈥檚 petition, holding that the University failed to demonstrate that SFFA applies to private scholarships. The University appealed to the Iowa Supreme Court.

The ACLU鈥檚 State Supreme Court Initiative, along with the ACLU of Iowa, the NAACP, and the NAACP of Iowa and Nebraska, filed an amicus brief in the state high court. The brief argued that, rather than deciding whether Dr. Totton鈥檚 gift restriction to Black students is unlawful, the Iowa courts could modify the allocation of the fund in recognition of the practical constraints the University faces, including the threat of litigation by the Department of Justice and the potential loss of state or federal funding. Our brief explains that, consistent with Iowa law on bequests, Dr. Totton鈥檚 gift to the University of Iowa could be redirected to one or more of the remaining charitable beneficiaries named in the gift instrument, or alternatively, could be returned to Dr. Totton鈥檚 family so that they may further distribute the funds in accordance with his charitable purpose.