Young America’s Foundation, which describes itself as the leading organization for young conservatives, sued the Department of Education, alleging a grant program violates the equal protection clause because its eligibility is based on race. YAF is challenging the department’s McNair Post-Baccalaureate Achievement Program which provided $60 million in 2023 to approximately 6,000 students. 

The Department of Education describes the program as a grant competition in which funds are awarded to colleges and universities to prepare participants for doctoral studies through research and other scholarly activities.

To be eligible, at least two-thirds of the participants must be low-income, potential first-generation college students. The remaining participants may be from groups that are underrepresented in graduate education.

YAF wrote in a court filing – “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.”

They also included a quote from Assistant Education Secretary Nasser Paydar who said, “When we look at U.S. students studying to become our future physicians, professors, scientists and other crucial professionals requiring graduate degrees, many demographic groups are underrepresented . . . . McNair grants fund projects at universities and colleges that help underrepresented students to access doctoral programs.” 

YAF named two individual plaintiffs – Avery Durfee, a white female student who is in her junior year at the University of North Dakota, and Benjamin Rothove is a white male student attending the University of Wisconsin-Madison. Both students say they were informed by their universities that they are not eligible due to their race. 

Although YAF also admits that the students don’t meet the low-income guidelines and that Rothove doesn’t meet the first generation guidelines. 

YAF President Scott Walker said in a statement – “Denying a student the chance to compete for a scholarship based on their skin color is not only discriminatory but also demeaning and unconstitutional” 

The program and the guidelines for eligibility were created by an act of Congress in 1987. Every Department of Education since that time has made awards, including during the Trump Administration. SAN reached out to the Department of Education for their response to the suit, we will update as soon as we hear back.