Cases & Developments

Order denying Plaintiffs’ Motion for Preliminary Injunction. Plaintiffs, two organizations, the Young America’s Foundation and Young Americans for Freedom, along with two individual students sought an injunction (1) prohibiting the U.S. Department of Education (the Department) “from enforcing or otherwise implementing the racial and ethnic classifications in [the Ronald E. McNair Postbaccalaureate Achievement Program (the Program)]” and (2) requiring the Department to notify universities participating in the Program that they cannot impose or rely on racial and ethnic classifications. Plaintiffs allege the Department’s underrepresented race criteria for the Program is unlawful under the Equal Protection Clause and such racial eligibility requirement “is a harm to [their] personal dignity.” While individual Plaintiffs both wished to apply to the Program, they ultimately chose not to because of their race (white) and lack of low-income or first-generation college student status. In finding that plaintiffs lack standing, the Court determined that plaintiffs’ alleged injury for “the denial of equal treatment” in the application and admission process will not be redressed by any injunction against the Department because the higher education institutions are also part of the administration of the Program. The Department awards institutions five-year grants to administer the Program on their campuses, and once funding is distributed, it is up to the institutions – not the Department – to select applicants. Because “there is nothing in the record that indicates the Department has any control over the grants once allocated to the institutions” and since institutions would not be bound by the Court’s order, the Court denied Plaintiffs’ motion for Preliminary Injunction and dismissed the case without prejudice for lack of subject matter jurisdiction.