On June 11, Tennessee’s Republican Attorney General, Jonathan Skrmetti, and the group Students for Fair Admissions, which played a significant role in the U.S. Supreme Court’s decision to ban race-conscious college admissions, filed a lawsuit challenging a U.S. Department of Education program.
The lawsuit takes aim at a federal grant program that provides financial assistance to universities with a significant Hispanic student population. Specifically, the program offers grants to colleges where Hispanics make up 25% or more of the student body.
The Argument Against the Program
The lawsuit, filed in federal court in Knoxville, argues that Congress exceeded its authority by creating a grant program that discriminates based on race.
Skrmetti, in a statement, criticized the program, calling it “un-American” and unconstitutional because it uses ethnicity as a basis for distributing federal funds.
The plaintiffs, including Students for Fair Admissions, contend that this program violates the equal protection principles of the U.S. Constitution’s Fifth Amendment.
The lawsuit echoes the views of the previous administration under President Donald Trump, which sought to eliminate federal programs designed to promote diversity, equity, and inclusion, arguing that these initiatives were discriminatory.
The Hispanic-Serving Institutions Program
The U.S. Department of Education’s Hispanic-Serving Institutions (HSI) program, which is being targeted in the lawsuit, is a long-standing initiative created by Congress under Titles III and V of the Higher Education Act.
The goal of the HSI program is to provide financial support to colleges and universities that serve a large number of Hispanic students.
In fiscal year 2024, Congress allocated at least $228.9 million for one of the sub-programs under HSI, the Developing Hispanic-Serving Institutions Program.
This funding can be used by schools to improve infrastructure, like lab equipment, and to support low-income Hispanic students, especially in STEM (Science, Technology, Engineering, and Mathematics) fields.
However, the plaintiffs argue that Tennessee universities, which serve a significant Hispanic student population, are excluded from this funding simply because their student bodies do not meet the 25% Hispanic threshold required by the program.
Constitutional and Legal Concerns
The lawsuit questions the validity of the program under the U.S. Constitution, specifically focusing on the spending power of Congress and the equal protection clause of the Fifth Amendment.
It argues that the program’s use of ethnic composition as a basis for federal grants amounts to discrimination and is therefore unconstitutional.
This legal challenge aligns with the broader movement to dismantle race-conscious policies, including the landmark 2023 U.S. Supreme Court decision that struck down race-based admissions practices in cases involving Harvard University and the University of North Carolina.
The court’s decision had a significant impact on the approach to diversity in higher education.
Background of the Plaintiffs
Students for Fair Admissions, a group led by Edward Blum, has been actively involved in challenging race-conscious policies in education and other sectors. The group was behind the Supreme Court cases that led to the dismantling of race-conscious admissions at colleges.
This latest lawsuit, filed alongside the Tennessee Attorney General, represents their ongoing efforts to challenge programs that aim to support racial and ethnic diversity in U.S. education.
The case, State of Tennessee v. U.S. Department of Education, has been filed in the U.S. District Court for the Eastern District of Tennessee, with the case number 3:25-cv-270.
The plaintiffs have enlisted the help of several attorneys, including Thomas McCarthy, Cameron Norris, Adam Mortara, and Aaron Bernard, who are representing the State of Tennessee and the lawsuit’s claims.
The case is expected to spark further debates on the role of race in federal funding and educational policies, particularly as it pertains to diversity in U.S. colleges and universities.
