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Conservative law firm to appeal judge's dismissal of lawsuit arguing minority retention grant discriminates against white students, others
Sept 26. 2022
A conservative law firm said it will appeal a judge's decision to dismiss its case challenging the constitutionality of a college grant program because it excludes from eligibility some students, including those who are white.
The Wisconsin Institute for Law & Liberty, also known as WILL, sued the Higher Educational Aids Board last spring on behalf of several state residents, including a biracial couple who said their son didn't qualify for the Minority Undergraduate Retention Grant
The Higher Educational Aids Board, also known as HEAB, awards scholarships and loans to college students, including the minority retention grant.
State law restricts the grant to African-American, American Indian, Hispanic and some Southeast Asian students
WILL argued the criteria racially discriminates against groups that don't qualify, including students who are Thai, Chinese, Japanese, Indian, North African, Native Hawaiian, Pacific Islander and white.
Jefferson County Circuit Court Judge William Hue dismissed the suit on Sept. 16.
Dan Lennington, the legal group's deputy counsel, said WILL would appeal the ruling because of a federal case involving Harvard University that could change the national landscape around race-conscious admissions. The U.S. Supreme Court is scheduled to hear oral arguments next month.
"We are confident that ultimately the State of Wisconsin will have to end this race-based scholarship," he said in a statement.
Connie Hutchinson, who leads HEAB, said the lawsuit's dismissal means students of color will continue to be able to receive the grant, which provides up to $2,500 per year to help defray the cost of college
The minority grant program was established in the 1980s to help students who face significant barriers to earning a college degree. An overwhelming amount of research shows Black and Hispanic students are less likely to go to college, more likely to drop out, and less likely to graduate compared to their white peers. Black students also carry more debt and face higher risk of default.
Nearly 800 students received the grant last school year, Hutchinson said. HEAB awards the grants based on financial need to students attending a technical college, tribal college or nonprofit private college.
Each school's allocation is based on their minority student population from the previous year and if any school doesn't use their full allocation, the difference goes to schools in need of more money. But most schools used their full allocation last year, she said.
A similar grant program is available for University of Wisconsin System students. While the UW grant wasn't part of the lawsuit, Lennington indicated at the time the suit was filed that it, too, could be the target of legal action
