In 1985, Wisconsin created the Minority Undergraduate Retention Grant Program through state law Wis. Stat. § 39.44. For decades, the program provided small need-based grants ($250–$2,500) to help retain students at private colleges and technical colleges. The catch? Eligibility was explicitly race- and ethnicity-based for: Black/African American, Hispanic, American Indian, and some Southeast Asian groups, students only. In 2021, the Wisconsin Institute for Law & Liberty (WILL), on behalf of five Wisconsin taxpayers, argued that the program unconstitutionally discriminated against students who didn’t qualify based on race, such as White, Asian, or other students with similar financial need. Now, the Wisconsin Supreme Court has struck down the program, ruling that grants reserved for specified racial and ethnic groups violate the Equal Protection Clause. The unanimous…
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