MADISON, Wis. – Law Forward filed an amicus brief Monday with the Wisconsin Supreme Court defending the constitutionality of Wisconsin’s Minority Undergraduate Retention Grant program, a need-based financial aid initiative designed to improve college retention and completion rates.
The brief, filed on behalf of Dr. Ruben L. Anthony, Jr., Vina Xiong, and Sinceree Dixon, argues that the Wisconsin Constitution should be interpreted independently from federal equal protection jurisprudence and allows the Legislature to respond to documented, real-world problems with measured, evidence-based solutions.
“At its core, this case asks whether Wisconsin’s Constitution allows practical solutions to real, documented problems,” said TR Edwards, staff counsel at Law Forward. “Here, the Legislature identified a persistent retention gap, created a program to address it, supported its response with evidence, and successfully doubled student graduation rates as compared to non-receiving students. That is core legislating. Our Constitution allows real solutions to real problems.”
The Minority Undergraduate Retention Grant program provides modest need-based grants ranging from $250 to $2,500 per academic year to students already enrolled in Wisconsin technical colleges and universities and demonstrating academic progress. Data from the Higher Educational Aids Board shows the program more than doubled graduation rates for technical college recipients.
The brief argues that Wisconsin’s equal protection guarantee differs significantly from the federal Fourteenth Amendment in both text and historical context, and urges the Court to adopt a flexible balancing test rather than rigid federal tiered scrutiny. Under such an approach, the Legislature acted appropriately in addressing documented retention gaps that persist despite race-neutral financial aid programs.
The case, Konkanok Rabiebna v. Higher Educational Aids Board, is being reviewed by the Wisconsin Supreme Court following a previous Court of Appeals decision siding with the plaintiffs challenging the program.
