Students Challenge Biden-Harris Administration Over Controversial Scholarship Program

White students have filed a legal challenge against a Biden-Harris Administration scholarship program, claiming it discriminates against them based on race.

At a Glance

Two college students sued the Biden-Harris administration, alleging racial discrimination in a scholarship program.
Suit claims the $60 million Ronald E. McNair Postbaccalaureate Achievement Program violates equal protection rights.
The program requires applicants to be from an “underrepresented” group or be a low-income, first-generation college student.
The plaintiffs argue the policy excludes non-black and non-Hispanic students from opportunities.
The case highlights the ongoing debate on affirmative action and educational equity.

Lawsuit Details

The lawsuit was filed by the Wisconsin Institute for Law and Liberty (WILL) on behalf of University of Wisconsin-Madison student Benjamin Rothove, University of North Dakota student Avery Durfee, and the Young America’s Foundation. The plaintiffs argue that the Department of Education’s $60 million Ronald E. McNair Postbaccalaureate Achievement Program violates their equal protection rights by not offering them an equal chance to compete for scholarships.

“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.”

Program Requirements

The McNair program mandates that applicants either belong to an “underrepresented” group in graduate education or be low-income, first-generation college students. The federal definition of underrepresented groups includes black, Hispanic, American Indian, Alaskan Native, Native Hawaiians, and Native American Pacific Islanders. Plaintiffs received emails from their colleges stating they couldn’t apply for the McNair scholarship because they were white.

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

The McNair program offers stipends, internships, mentoring, and research opportunities to its participants. However, by limiting eligibility to specific racial and economic demographics, the program has come under scrutiny for potentially promoting reverse discrimination.

The Biden-Harris Administration has approved student debt cancellation for nearly 5 million Americans through various actions – and we will never stop working to make higher education affordable.

— The White House (@WhiteHouse) August 22, 2024

Broader Legal Context

WILL deputy counsel Dan Lennington mentioned plans to challenge other race-based federal programs following the Supreme Court’s decision to overturn affirmative action. Recently, a conservative group filed a lawsuit against Northwestern University’s law school, claiming its efforts to hire more women and people of color violate federal anti-discrimination laws. This is expected to be one of many legal challenges targeting university hiring and promotion practices post-affirmative action.

These legal actions illustrate the broader contention surrounding policies designed to correct historical biases without creating new forms of exclusion or inequality. The debate continues over how to ensure equity in educational and professional opportunities without infringing upon individual rights.