Judge dismisses lawsuit challenging McNair program criteria

A federal district court judge has dismissed a lawsuit from a conservative student group that sought to make all students eligible for a federal scholarship originally designed to help underrepresented students attain doctoral degrees.  

The $60 million grant, known as the Ronald E. McNair Post-Baccalaureate Achievement Program, was started in 1989. Applicants must be a low-income, first-generation student and have at least a 2.8 GPA in order to be eligible. Some colleges also utilize a racial representation criteria in the decision process.

The plaintiff lawyers represented Young America’s Foundation, as well as two white students from the Universities of North Dakota and Wisconsin who were interested in but ineligible for the McNair program. They argued that the eligibility criteria are unconstitutional, based on the Supreme Court’s 2023 decision to strike down the use of race-based policies in admissions. The plaintiffs wanted the court to issue an injunction blocking the department from enforcing the racial criteria.

Peter D. Welte, chief judge of the District Court for the District of North Dakota, Eastern Division, agreed in his 11-page opinion issued Dec. 31 that “the merits of this case are largely undisputed.” However, the McNair program is not exclusively administered by the federal Department of Education, he said. 

That means that there are institutions involved in the situation that are not included in the current case, and therefore, “the Plaintiffs’ alleged injuries are not redressable.” Welte, a Donald Trump appointee, ultimately found that the plaintiffs didn’t have standing to sue.

He denied the motion for injunction and dismissed the case without prejudice, which means the plaintiffs may be able to bring the case again.