Department of Education’s McNair Program excludes college students based on race 

The News: The Wisconsin Institute for Law & Liberty (WILL) has filed its 12th lawsuit against the Biden-Harris Administration, this time targeting the U.S. Department of Education’s McNair Post Baccalaureate Achievement Program. This $60 million program provides financial and educational opportunities to students nationwide who want to pursue graduate studies. But many college students are ineligible because of their race, including Asians, whites, Arabs, Jews, and some Latinos.  

WILL is representing Young Americans for Freedom Chapter at the University of North Dakota, the nationwide student organization Young America’s Foundation (YAF), and two students who are ineligible for the program solely due to their skin color.  

The Quotes: Scott Walker, President of Young America’s Foundation, stated, “Denying a student the chance to compete for a scholarship based on their skin color is not only discriminatory but also demeaning and unconstitutional. At YAF, we proudly defend our students’ right to be judged on their merit and abilities, not on race.” 

WILL Deputy Counsel, Dan Lennington, stated, “WILL continues its march through Biden-Harris radical DEI programs. We have already heard that the Administration knows they can’t win in court and so one-by-one we will terminate these discriminatory, taxpayer-funded efforts.”  

WILL client, Avery Durfee, expressed, “I’ve worked unbelievably hard throughout my undergraduate career and have wanted to go to graduate school my entire life. Being told that I didn’t qualify for the McNair program because I’m white seemed completely wrong. This sends the wrong message to young Americans everywhere.” 

WILL client, Benjamin Rothove, said, “I was excited when I learned about the McNair Program because I thought it would be a great way to help me get into graduate school. But when I realized that I did not qualify because of my race it was devastating. This is the 21st Century — why are we continuing to separate and divide students?” 

Additional Background: The McNair Program supports nearly 6,000 college students every year. It offers a variety of benefits, including internships, seminars, tutoring, academic counseling, research opportunities, mentoring, and a stipend worth several thousand dollars. This program’s exclusionary practices harm many groups that are not deemed “underrepresented.” Asians, Arabs and other Middle Eastern ethnicities, Jewish students, many Latinos and some Africans are excluded. And, of course, whites are excluded. Only those students lucky enough to be on Biden-Harris’s list of favored racial groups get a chance to succeed with this program. 

The McNair Program’s racial eligibility requirements are unconstitutional. By using race as a factor in affording educational opportunities, the McNair Program violates the Constitution’s guarantee of equal protection. The Constitution forbids discrimination by the government against any citizen because of his race. The United States Supreme Court made these principles clear in striking down affirmative action in college admissions. They apply here as well. 

WILL seeks to end this program’s unconstitutional and unfair discrimination. It is inexcusable to allow the Department of Education to deny students receiving premier opportunities solely due to the color of their skin. 

More about WILL’s Equality Under the Law Project can be found here: DefendEquality.org. 

Read More:  

• Complaint, August of 2024