Department of Education Sued Over Race-Based Criteria in PhD Grant Program

A student walks near Royce Hall on the campus of the University of California–Los Angeles on April 23, 2012. Kevork Djansezian/Getty Images

A lawsuit filed against the Department of Education alleges that the department uses unconstitutional racial criteria for a grant program.

The suit, filed on Aug. 27 by the Young America’s Foundation and two university students, claims that the Department of Education is discriminating against certain racial groups in its McNair Postbaccalaureate Achievement Program.

The grant program is a $60 million initiative designed to support students from disadvantaged backgrounds in pursuing doctoral studies and was named after a black scientist who died in the Space Shuttle Challenger explosion.

The lawsuit, filed in district court in the District of North Dakota, alleges that the program, which aims to increase the number of Ph.D.s from underrepresented segments of society, excludes Asians, white people, Arabs, many Latinos, and some Africans unless they meet a “two-prong exception”—being both low-income and the first in their families to attend college.

The plaintiffs argue that these requirements are “racist and blatantly unconstitutional.”

The information on eligibility states that “at least two-thirds of the participants must be low-income, potential first-generation college students” and that the others “may be from groups that are underrepresented in graduate education.”

Plaintiffs Benjamin Rothove of the University of Wisconsin–Madison and Avery Durfee of the University of North Dakota argue that they meet all other criteria for admission to the McNair program yet are denied admission because of their race.

Although Durfee is a first-generation student, she was informed that she does not meet the criteria because her family does not have a low income. Rothove has been told that he is ineligible for the program because of his race.

The lawsuit claims that the program is in violation of the 2023 Supreme Court decision in the Students for Fair Admissions cases, which invalidated racial preferences in college admissions.

This lawsuit aims to challenge the constitutionality of the Department of Education’s racial standards and prevent their enforcement.

Plaintiffs contend that because racial considerations are required under federal law, the federal government cannot place the burden on recipients such as universities. The purpose of the action is to inform institutions that the program’s existing practices based on race are invalid and to seek an order to stop those practices.

A spokesperson for the Department of Education responded to The Epoch Times’ request for comment by saying that the department does not comment on pending litigation.