In the wake of the U.S. Supreme Court’s decision ending race-conscious admissions in higher education, several private scholarship programs have found themselves in court. Public universities and private charitable foundations do not occupy the same place in American life. But neither does it mean the rules governing public institutions automatically answer every question involving private philanthropy. That is the question before the question. The better question is whether the eligibility rules genuinely advance the charitable purpose — or whether they simply serve as a convenient way to keep others out.