In 1985, Wisconsin created the Minority Undergraduate Retention Grant Program through state law Wis. Stat. § 39.44. For decades, the program provided small need-based grants ($250–$2,500) to help retain students at private colleges and technical colleges.

The catch?

Eligibility was explicitly race- and ethnicity-based for: Black/African American, Hispanic, American Indian, and some Southeast Asian groups, students only.

In 2021, the Wisconsin Institute for Law & Liberty (WILL), on behalf of five Wisconsin taxpayers, argued that the program unconstitutionally discriminated against students who didn’t qualify based on race, such as White, Asian, or other students with similar financial need.

Now, the Wisconsin Supreme Court has struck down the program, ruling that grants reserved for specified racial and ethnic groups violate the Equal Protection Clause.

The unanimous decision (7-0) affirmed a prior appeals court decision.

The liberal-majority court (4-3) struck down the program entirely. The court held that the program was not narrowly tailored, had no end date (“sunset”), and race was the sole eligibility factor rather than one part of a holistic review.

🚨 The Wisconsin Supreme Court struck down the state’s Minority Undergraduate Retention Grant Program, ruling that grants reserved for specified racial and ethnic groups violate the Equal Protection Clause. pic.twitter.com/l3KH6s9LG7

— SCOTUS Wire (@scotus_wire) June 18, 2026

Following the ruling, WILL Deputy Counsel, Dan Lennington, stated, “The appellate judges agreed with WILL that the state of Wisconsin can offer aid based on need, income level, or personal hardships—but not race.”

“Their comprehensive decision marks a turning point in the fight for true equality for both our state and country.”

In the unanimous opinion from the Court of Appeals, Judge Gundrum wrote, “Because the grant program violates the Equal Protection Clause, we reverse the order of the circuit court and remand for the court to enter an order enjoining HEAB and Hutchinson from further administering the grant program or distributing funds thereunder… WISCONSIN STAT. § 39.44 and the related grant program are unconstitutional on their face.”

“In so holding, we adhere to the refocusing of the Equal Protection Clause by the SFFA Court for the realization of the promise, ideal and hope of equal protection.”

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