A recent lawsuit by Young Americans for Freedom (YAF) against the Biden-Harris administration alleges racial discrimination in a federal scholarship program.

According to Breitbart, the group contends that the McNair Post-Baccalaureate Achievement Program excludes eligible students based on their race.

YAF initiated the legal challenge against the Department of Education and Secretary Miguel Cardona. The dispute centers around the $60 million McNair scholarship, designed to aid career advancement and academic progression. YAF's complaint asserts that the program's racial prerequisites prevent a fair selection process, tagging these criteria as unconstitutional.

Detailed Allegations of Racial Exclusion in Scholarship

According to the lawsuit documents, the scholarship explicitly favors groups deemed "underrepresented," effectively barring students of Asian, Arab, Middle Eastern (including Israeli and Gazan), certain Latino, some African, and white descent from eligibility. YAF argues that this terminology and policy foster division and inequality among students.

Represented by the Wisconsin Institute for Law & Liberty (WILL), the plaintiffs include chapters of YAF at the University of North Dakota and the University of Wisconsin-Madison. Students Avery Durfee and Benjamin Rothove, who reportedly meet all the program's criteria except for their racial background, are also party to the lawsuit.

Voices from the Plaintiffs: Experiencing Racial Discrimination

Former Governor Scott Walker, now president of YAF, emphasized the unjust nature of denying scholarships based on race. In a public statement, Walker criticized such measures as demeaning and unconstitutional, advocating for an educational environment free of racial biases.

"Denying a student the chance to compete for a scholarship based on their skin color is not only discriminatory but also demeaning and unconstitutional," Walker expressed in a press release, highlighting the core of the legal argument posed by YAF.

Avery Durfee, one of the plaintiffs, expressed his frustration over his exclusion from the McNair program. He said, “I worked hard to get this far in my undergraduate program with a resume fit for graduate school. Hearing that I could not qualify for the McNair program because I am white was difficult.” Durfee’s statement illustrates the personal impact of the policy.

Student Reactions to Racial Qualifications

Benjamin Rothove, another plaintiff, recounted his disappointment upon discovering he did not qualify for the McNair program due to his race. "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," Rothove commented, echoing a sentiment of exclusion.

Rothove further questioned the rationale behind maintaining racial qualifications in modern education, challenging the perpetuation of such divisive policies. "This is the 21st Century — why are we continuing to separate and divide students?" he queried, advocating for a more inclusive approach to educational opportunities.

Legal Strategy and Anticipated Impact of the Lawsuit

The lawsuit by YAF not only seeks to eliminate the race-based eligibility criteria but also aims for a broader judicial declaration that such practices are unconstitutional. Dan Lennington, deputy counsel for WILL, suggested confidence in their legal position, hinting at the administration's awareness of their shaky standing in court.

"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," Lennington said, forecasting a ripple effect that might challenge similar initiatives across the nation.

The case is expected to stir considerable debate about using race as a criterion in educational and governmental funding. As it progresses, it may set precedents that influence how the United States structures scholarship programs, potentially reshaping the landscape of educational funding and affirmative action.