For decades, the Congressional Black Caucus Foundation has offered college scholarships to Black students who faced disadvantages from attending underfunded schools in majority-Black districts.
A lawsuit filed Thursday by a prominent anti-affirmative action group now alleges those scholarships discriminate on the basis of race, part of a broader legal movement to dismantle programs meant to remedy the effects of past discrimination. It noted that the Congressional Black Caucus, the influential group of Black federal lawmakers that partners with the foundation, is often called the “conscience of the Congress.”
“Racial discrimination is unconscionable,” says the lawsuit by the American Alliance for Equal Rights, which wages legal challenges to programs with race-based eligibility. “And awarding educational opportunities to some young constituents but not others — based on the color of their skin — is neither conscientious nor legal.”
The lawsuit, filed in the D.C. federal court, alleges that the foundation’s CBC Spouses Education Scholarship discriminates on the basis of race by limiting eligibility to Black students in districts represented by caucus members. The program, one of several scholarships the foundation offers, provides assistance ranging from $2,500 to $20,000. About 300 of 3,000 applicants win scholarships annually, according to the lawsuit.
The Congressional Black Caucus Foundation did not immediately respond to a request for comment.
“From the earliest days, CBC Spouses recognized a troubling reality, Black students were navigating inequitable education systems while federal investments in education were shrinking,” Muriel Cooper, an administrator at the organization, wrote in a February blog post. “For many recipients, a CBC Spouses scholarship represents not just financial assistance but validation, visibility, and belief.”
But restricting a scholarship to Black students violates the Civil Rights Act of 1866, the lawsuit alleges. The law, originally passed to give citizenship rights to formerly enslaved African Americans, has been used in recent years to target a slew of programs that seek to diversify corporations and law firms.
“All qualified students, regardless of their race, deserve the same opportunity to compete for this scholarship,” Edward Blum, the leader of the American Alliance for Equal Rights, said in a statement. “It is to be hoped this lawsuit will ensure that outcome.”
The plaintiffs are two unnamed students who belong to Blum’s organization — one Asian and one Hispanic — who said they could not apply for the scholarship because of their race.
Blum was the driving force behind the landmark Supreme Court decision in 2023 overturning race-conscious admissions at the nation’s most prestigious universities. The decision, Students for Fair Admissions v. President and Fellows of Harvard College, prompted a cascade of lawsuits alleging that diversity, equity and inclusion programs discriminate against White people and men.
Blum has sued law firms and nonprofits that offered scholarships and fellowships with race-based eligibility. His latest lawsuit takes on one of the most influential coalitions on Capitol Hill.
The Congressional Black Caucus was formed in 1971 by Black lawmakers who wanted to promote equal rights and access for African Americans, and the affiliated foundation formed several years later as an educational and research nonprofit. Now a powerful bloc with more than 60 members in the House and Senate, all Democrats, the caucus broadly seeks to advance the interests of African Americans and marginalized groups, including through DEI initiatives.
The Trump administration has launched an all-out assault on DEI programs throughout the government, at universities and corporations. The Equal Employment Opportunity Commission recently sued a Coca-Cola distributor, alleging a workplace event limited to women was a form of discrimination.
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