April 16, 2021

"Madison residents sue over college financial aid program limited to certain students of color."

The Wisconsin State Journal reports: 

A law firm representing conservative interests, the Wisconsin Institute for Law & Liberty, filed the action against the Higher Educational Aids Board in Jefferson County Circuit Court.... The board administers the Minority Undergraduate Retention Grant program, which provides students of color with up to $2,500 per year to offset the cost of college....  State law restricts program eligibility to African American, American Indian, Hispanic and some Southeast Asian students.

WILL argues the program criteria amounts to racial discrimination — which is prohibited by the state constitution — because students who are Thai, Chinese, Japanese, Indian, North African, Native Hawaiian, Pacific Islander, or white don't qualify....

The program has been around since the 1980s.

WILL has taken a recent interest in reviewing laws and programs through a lens of racial equality.... Those include minority business grants or preferences, loan forgiveness programs and a racial quota for the city of Madison's Police Civilian Oversight Board....

You might think that these programs would all have been challenged when they were first adopted and that there should already be a judicial answer to the question — which is glaringly obvious — whether this is illegal race discrimination. I think the only new item on that list is the racial quota for the city of Madison's Police Civilian Oversight Board. 

I note that the law suit was filed in state court and the claim is based on state constitutional law. 

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