White Students Sue Biden-Harris Administration Over Alleged Racial Discrimination in Scholarship Program

White students sue the Biden-Harris Administration over alleged racial discrimination in a federal scholarship program, sparking a new debate on affirmative action and educational equity.

At a Glance

Two college students filed a lawsuit against the Biden-Harris administration, claiming racial discrimination in the Ronald E. McNair Postbaccalaureate Achievement Program.
The $60 million federal scholarship program is accused of violating equal protection rights of white, Asian, Jewish, and Arab students.
The lawsuit aims to prevent race-based treatment of students in college and could impact other federal programs with similar eligibility criteria.
This case follows recent Supreme Court decisions on affirmative action and may signal a growing trend of challenges to race-based policies in education.

Lawsuit Details and Legal Arguments

The Wisconsin Institute for Law and Liberty (WILL) has filed a lawsuit on behalf of two college students and the Young America’s Foundation against the Department of Education. The plaintiffs, Benjamin Rothove from the University of Wisconsin-Madison and Avery Durfee from the University of North Dakota, allege that the Ronald E. McNair Postbaccalaureate Achievement Program discriminates against them based on their race.

The $60 million federal scholarship program requires applicants to be from an “underrepresented” group in graduate education or be a low-income, first-generation college student. The federal definition of underrepresented groups includes Black, Hispanic, American Indian, Alaskan Native, Native Hawaiian, and Native American Pacific Islander students, effectively excluding white, Asian, Jewish, and Arab students from eligibility.

The Department of Education is accused of discriminating against two white college students who did not meet the racial requirements for one of its top scholarship programs in a new lawsuit filed by a conservative law firm. | @dezward01 https://t.co/AX68TPJomY

— National Review (@NRO) August 29, 2024

Impact of Recent Affirmative Action Rulings

This lawsuit comes in the wake of recent Supreme Court decisions that have overturned affirmative action in college admissions. The legal challenge to the McNair program could be part of a broader trend of questioning race-based policies in education. WILL deputy counsel Dan Lennington has indicated plans to challenge other race-based federal programs following these Supreme Court rulings.

“We want this case to set the precedent that when a student is in college there can’t be any differing treatment of the student based on race. There can’t be any privileges given or advantages or benefits at all,” WILL deputy counsel Dan Lennington told The Daily Wire on Wednesday. “We think this is a very broad attack on the Biden-Harris administration’s plan to push DEI into our colleges even further.”

The lawsuit argues that the administration’s policies exclude non-Black and non-Hispanic students from graduate education opportunities, potentially violating the Equal Protection Clause of the Constitution.

Public and Political Reactions

Conservative groups and political figures have voiced strong support for the lawsuit. Young America’s Foundation President Scott Walker criticized the race-based eligibility as discriminatory and unconstitutional. The case has ignited a debate on the balance between addressing historical inequities and ensuring equal treatment for all students.

“Denying a student the chance to compete for a scholarship based on their skin color is not only discriminatory but also demeaning and unconstitutional,” he said. “At YAF, we proudly defend our students’ right to be judged on their merit and abilities, not on race.”

The Biden-Harris Administration has yet to respond directly to this lawsuit. However, they have previously defended diversity initiatives in higher education. Following the Supreme Court’s decision to strike down affirmative action in college admissions, the administration vowed to fight to preserve progress in advancing racial equity and expanding educational opportunities for all Americans.

Implications for Federal Programs

This lawsuit could have far-reaching implications for other federal programs that use race-based criteria. If successful, it might force a reevaluation of numerous initiatives aimed at promoting diversity and inclusion in higher education. The outcome of this case could significantly influence future policy-making regarding educational equity and access to opportunities for underrepresented groups.

As this legal battle unfolds, it will likely continue to fuel the national conversation on race, education, and equal opportunity in America. The case underscores the ongoing challenges in balancing the pursuit of diversity with the principle of equal treatment under the law.