A prominent anti-affirmative action group has set its sights on one of the most influential political and educational organizations in Washington. On Thursday, April 2, the American Alliance for Equal Rights (AAER) filed a federal lawsuit against the Congressional Black Caucus Foundation (CBCF), alleging that the foundation’s long-standing college scholarship program discriminates on the basis of race.
Here is what you need to know about the lawsuit and what it means for the future of race-conscious funding.
The lawsuit takes specific aim at the CBC Spouses Education Scholarship, a program that has awarded over $11 million to Black students since 1988. The scholarship, which provides financial assistance ranging from $2,500 to $20,000 to around 300 students annually, is specifically designed to help African American and Black students.
To be eligible, applicants must also reside or attend school in a district represented by a member of the Congressional Black Caucus.
The AAER claims that by limiting the scholarship to Black students, the foundation is violating Section 1981 of the Civil Rights Act of 1866, a law originally passed to guarantee equal contract rights to formerly enslaved African Americans.
The plaintiffs in the case are two unnamed students, one Asian and one Hispanic, who are members of the AAER and claim they were unjustly barred from applying for the funds due to their race.
AAER is seeking a court order to force the foundation to strip race-based criteria from its application process.
For decades, the CBCF has used these scholarships to support students who have been disadvantaged by navigating underfunded school systems in majority-Black districts.
Edward Blum, the president of AAER, has been the driving force behind a nationwide legal crusade against DEI initiatives. Blum orchestrated the landmark 2023 Supreme Court decision that struck down race-conscious admissions at universities like Harvard.
Since then, Blum and his organization have aggressively pivoted to attacking the corporate and nonprofit sectors. In 2023, the AAER successfully sued the Fearless Fund, a venture capital firm dedicated to supporting Black female entrepreneurs, ultimately forcing them to close down a major grant program.
Legal experts point out that this latest lawsuit against the CBCF is part of a coordinated, three-pronged strategy to dismantle race-based funding, grantmaking, and hiring across the board.
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