Federal Lawsuit Against McNair Program Requirements Dismissed Over Jurisdiction Issues

A federal lawsuit challenging the McNair Program’s racial requirements was dismissed due to jurisdictional issues, but it may be refiled.

Federal Lawsuit Against McNair Program Requirements Dismissed Over Jurisdiction Issues
Federal Lawsuit Against McNair Program Requirements Dismissed Over Jurisdiction Issues

North Dakota: A federal lawsuit aimed at the Ronald E. McNair Postbaccalaureate Achievement Program’s racial requirements was tossed out recently. The judge pointed to some procedural hiccups as the reason for the dismissal.

Skylar Croy, one of the lawyers for the plaintiffs, mentioned they’re figuring out their next steps. They’re determined to challenge what they see as a discriminatory program. The judge hinted that the program might not hold up constitutionally, which is encouraging for the legal team.

The lawsuit, filed back in August, argued that the racial and ethnic requirements of the McNair Program are unfair. Two students, Avery Durfee and Benjamin Rothove, joined the suit, feeling the requirements hurt their dignity. They wanted to participate but didn’t apply because they knew they wouldn’t qualify.

The judge explained that the universities the students attend weren’t included as defendants, so any ruling wouldn’t impact them. This means the universities still control the program’s admissions and funding decisions until 2027.

Ultimately, the judge denied the plaintiffs’ request for a preliminary injunction to stop the racial requirements from being enforced. The case was dismissed without prejudice, which means it can be refiled in the future. So, stay tuned for what happens next!

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