The Wisconsin Supreme Court struck down a state-funded scholarship program that awarded financial aid based on the race of college students. The Democrat-controlled court followed the precedent laid out by the United States Supreme Court in finding that Gov. Tony Evers and the state were violating the Equal Protection Clause of the United States Constitution.
Two of the most liberal justices, however, wrote a concurrence denouncing the bar on the use of race for such scholarships.
If Democrats are able to pack the Supreme Court as demanded by many party leaders, this concurrence is an example of the likely changes that a packed court will bring in reversing anti-discrimination and other rulings.
The Wisconsin Institute for Law and Liberty represented the taxpayers in this successful challenge of the Wisconsin Minority Undergraduate Retention Grant Program.
That program administered taxpayer-funded grants of up to $2,500 per academic year to eligible students of Black American, American Indian, Hispanic, or certain Southeast Asian backgrounds.