The News: The Wisconsin Institute for Law & Liberty (WILL) filed a new lawsuit challenging at least 20 UW-Madison scholarships and grants that contain race-based criteria and are administered with support from taxpayer funds. WILL represents Young America’s Foundation and Citizens Defending Liberty in our second lawsuit challenging race-based state programs since winning a major case at the Wisconsin Supreme Court earlier this year, in which a unanimous Court struck down a racially discriminatory scholarship program.

The Quotes: WILL Deputy Counsel, Rebecca Furdek, stated, “The University of Wisconsin-Madison continues to administer scholarships and grants to students based on race, and it’s happening with our tax dollars. WILL is holding the university accountable so eligibility for scholarships doesn’t depend upon the color of a student’s skin.”

UW Madison, student, Jenna Lawrence, stated, “Students should earn scholarships for merit and financial need, not simply due to their race. I am proud to stand alongside YAF and WILL and argue for our universities to treat all students equally.”

Young America’s Foundation President, Scott Walker, stated, “At Young America’s Foundation, we believe academic opportunities should be available to all, regardless of a student’s skin color. Scholarships should be earned based on merit and academic excellence. Every student deserves to be evaluated as an individual and judged by their accomplishments, character, and work ethic.”

Our Argument: In SFFA, the U.S. Supreme Court laid out five independent tests that a racial classification must survive to pass constitutional scrutiny. First, the government must identify one of two compelling governmental interests: “remediating specific, identified instances of past discrimination that violated the Constitution or a statute” or “avoiding imminent and serious risks to human safety in prisons, such as a race riot.” Second, the government cannot rely on arbitrary, overinclusive, or underinclusive racial categories. Third, the scholarship programs cannot use race as a negative. Fourth, the programs cannot use race as a stereotype. Fifth, the programs must have a “logical end point.” UW-Madison’s race-based scholarships and grants fail each of these independent tests.

The Clients: YAF is a national organization of college students. They describe themselves as “the leading organization for young conservatives. With more than 60 years of experience and contacts on more than 2,000 campuses, we help students like you find support, promote conservatism, and take action.” YAF members, who are highly qualified college students, are being locked out of a competitive Department of Homeland Security fellowship that relies on the Section 8(a) “socially disadvantaged” regulations as part of its requirements.

Citizens Defending Liberty is a membership association of Wisconsin taxpayers who want to see their money spent lawfully.

Why Now: This is the latest in a series of WILL lawsuits challenging race-based government programs. WILL’s victory against race-based scholarships earlier this year opened the door for more litigation to similar programs.

According to a recent majority Wisconsin Supreme Court decision, “At the heart of the Equal Protection Clause is the principle that race-, national origin-, ancestry-, or alienage-based discrimination is unconstitutional except in the most extraordinary instances where such a remedy is required.”

Read more on that decision here.

Read More:

Read and share the press release online.