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Inside Higher Ed3 min read

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DOJ Rules 3 Race-Based STEM Programs Unconstitutional

The U.S. Department of Justice declared three science, technology, engineering, and mathematics (STEM) programs unconstitutional on August 14, 2026, due to their race-based criteria. These programs collectively received approximately $104 million in federal funding during the previous fiscal year. The Department of Justice's stance aligns with broader legal challenges against affirmative action and race-conscious admissions and programs, particularly following the Supreme Court's 2023 ruling that ended race-conscious admissions in higher education.

The specific details of the three programs were not immediately disclosed in the initial reporting, but the DOJ's determination signifies a significant legal development impacting federally funded initiatives. The ruling suggests that these programs, which likely aimed to increase diversity or provide targeted support within STEM fields, are now considered in violation of constitutional principles that prohibit racial discrimination. This action by the Department of Justice could have far-reaching implications for other federally funded programs that utilize race as a factor in their design or implementation, potentially prompting reviews and adjustments across various sectors.

This decision by the Department of Justice underscores a continuing trend of legal scrutiny and potential dismantling of programs that employ race-conscious measures. The $104 million figure represents a substantial investment in STEM education and workforce development, highlighting the scale of the programs affected. The legal basis for the DOJ's declaration likely centers on the Equal Protection Clause of the Fourteenth Amendment, which prohibits states from denying any person within their jurisdiction the equal protection of the laws. Federal agencies are bound by similar principles when administering federal funds.

The broader context of this ruling involves ongoing debates about diversity, equity, and inclusion in educational and professional settings. While proponents of race-conscious programs argue they are necessary to address historical disadvantages and promote representation, opponents contend they lead to reverse discrimination and are unconstitutional. The Department of Justice's intervention in this instance indicates a federal commitment to enforcing anti-discrimination laws as interpreted by the current legal landscape, potentially influencing how federal grants and programs are structured moving forward. Further details regarding the specific programs and the legal reasoning behind the DOJ's declaration are anticipated.

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