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

A lawsuit filed against the Department of Education alleges that the department uses unconstitutional racial criteria for a grant program.
The lawsuit, filed in district court in the District of North Dakota alleges that the program, which aims to increase the number of PhDs from underrepresented segments of society, excludes Asians, whites, 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.”
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, they are denied admission due to 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 advised that he is ineligible for the program due to his race alone, as he does not fulfill the economic or first-generation requirements.
The lawsuit claims that the program is in violation of the 2023 Supreme Court decision in the Students for Fair Admissions case, 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 like 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 saying that the department does not comment on pending litigation.