Lawsuit Challenges Biden-Harris Scholarship Program for Alleged Discrimination

White students sue the Biden-Harris administration over a scholarship program they claim discriminates against them, sparking a heated debate on affirmative action and educational equity.

At a Glance

Two college students filed a lawsuit against the Biden-Harris administration for alleged racial discrimination in a scholarship program.
The $60 million Ronald E. McNair Postbaccalaureate Achievement Program is at the center of the controversy.
Plaintiffs argue the program violates equal protection rights of white, Asian, Jewish, and Arab students.
The case aims to prevent any race-based treatment of students in college.
This lawsuit follows the Supreme Court’s decision to overturn affirmative action in college admissions.

Lawsuit Challenges Federal Scholarship Program

In a bold move that’s stirring up controversy in academic circles, two college students have taken legal action against the Biden-Harris administration. The lawsuit, filed by the Wisconsin Institute for Law and Liberty (WILL), alleges racial discrimination in a federal scholarship program. At the heart of the matter is the Department of Education’s $60 million Ronald E. McNair Postbaccalaureate Achievement Program, which the plaintiffs claim violates the equal protection rights of white, Asian, Jewish, and Arab students.

White College Students Excluded From Scholarship Program Because Of Race Sue Biden-Harris Admin https://t.co/tMWOZcnxI5

— Daily Wire (@realDailyWire) August 28, 2024

The plaintiffs, Benjamin Rothove from the University of Wisconsin-Madison and Avery Durfee from the University of North Dakota, along with the Young America’s Foundation, are challenging the program’s eligibility criteria. The McNair program, which offers stipends, internships, mentoring, and research opportunities, requires applicants to be from an “underrepresented” group in graduate education or be a low-income, first-generation college student.

Students’ Perspective and Legal Arguments

Both Rothove and Durfee received emails from their respective colleges stating they couldn’t apply for the McNair scholarship because they were white. This exclusion forms the basis of their legal challenge. The federal definition of underrepresented groups includes black, Hispanic, American Indian, Alaskan Native, Native Hawaiians, and Native American Pacific Islanders, effectively excluding other racial and ethnic groups from the program.

“I’ve worked unbelievably hard throughout my undergraduate career and have wanted to go to graduate school my entire life,” Durfee said in a statement shared with The Daily Wire. “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 deputy counsel Dan Lennington emphasized the broader implications of this case, stating, “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.” This lawsuit is seen as a direct challenge to the Biden-Harris administration’s efforts to promote diversity, equity, and inclusion (DEI) in higher education.

Broader Implications and Similar Cases

This lawsuit is not an isolated incident but part of a growing trend of legal challenges to race-based programs in education. It follows the Supreme Court’s recent decision to strike down affirmative action in college admissions, which has emboldened critics of race-conscious policies in higher education. The plaintiffs and their supporters argue that such programs, despite their intentions to address historical inequities, ultimately create new forms of discrimination.

Young America’s Foundation President Scott Walker criticized race-based eligibility as discriminatory and unconstitutional, stating, “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.”

The outcome of this case could have far-reaching consequences for similar programs across the country. Lennington has indicated plans to challenge other race-based federal programs, signaling a broader strategy to reshape how educational opportunities are distributed in the United States.

As the legal battle unfolds, it’s clear that the debate over affirmative action and race-conscious policies in education is far from over. This case represents a critical juncture in the ongoing national conversation about how to balance the goals of diversity and equality in higher education while ensuring fair treatment for all students, regardless of their racial or ethnic background.