Lawsuit claims Biden administration discriminated against White college students in scholarship program

‘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,’ one of the plaintiffs said.

‘Race discrimination should have no place in higher education. It is shameful that our clients were denied the opportunity to participate in this program because of the color of their skin,’ the lead attorney in the lawsuit told Campus Reform.

Students are suing the Department of Education (DOE) for being shut out of an educational program on the basis of their race. 

The Wisconsin Institute for Law and Liberty (WILL) filed a lawsuit against the DOE and DOE Secretary Miguel Cardona on Aug. 27, representing Benjamin Rothove, a student at the University of Wisconsin-Madison, Avery Durfee, a student at the University of North Dakota, and the Young America’s Foundation. The lawsuit alleges that the DOE discriminated against the two white students on the basis of their race. 

The plaintiffs claim that the DOE violated their equal protection rights by denying them eligibility for the McNair Post-Baccalaureate Achievement Program, a federal scholarship that is worth roughly $60 million and helps thousands of college students. 

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WILL attorney Daniel Lennington, the lead attorney in the lawsuit, told Campus Reform: “Race discrimination should have no place in higher education. It is shameful that our clients were denied the opportunity to participate in this program because of the color of their skin.” 

He continued: “This is just one of many federal DEl programs that discriminate based on race. We’ve won several previous cases against the Biden-Harris Administration, and we are confident that we’ll win this one. Race-based DEI programs must be dismantled one at a time, brick by brick.”

Addressing the program’s eligibility requirements, the lawsuit states: “The McNair Program excludes many students because of their race. . . . Defendants say these racial exclusions are necessary to racially balance the number of graduate students in America by giving a preference to so-called ‘underrepresented’ students. But make no mistake: the word ‘underrepresented’ is a euphemism for certain minority groups preferred by Defendants.”

Describing the consequences of these restrictions, the lawsuit continues: “Asians are excluded. Arabs and other Middle Eastern ethnicities are excluded, including both students from Israel and Gaza. Even many Latinos and some Africans are excluded. And, of course, whites are excluded. Unless they fit into a narrow exception for first-generation low-income students, only those students lucky enough to be on Defendants’ list of favored racial groups get a chance to succeed with this program.”

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Durfee described her disappointment in being denied the scholarship in a statement that was given to The Daily Wire, expressing concern over how potentially demoralizing such race restrictions can be to young students. 

“I’ve worked unbelievably hard throughout my undergraduate career and have wanted to go to graduate school my entire life,” Durfee said. “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.”

Campus Reform has reached out to the Department of Education and Young America’s Foundation for comment. This story will be updated accordingly.