National Science Foundation programs ruled unconstitutional by DOJ

The U.S. Department of Justice (DOJ) has determined that three National Science Foundation (NSF) programs are unconstitutional. In a memorandum opinion from the Office of Legal Counsel, the DOJ concluded that these race- and sex-based programs violate the Constitution’s equal-protection guarantee.

The three programs identified are the Louis Stokes Alliances for Minority Participation, the Improving Undergraduate STEM Education: Hispanic-Serving Institutions program, and the Alliances for Graduate Education and the Professoriate program. These initiatives, which target college students and faculty in STEM fields, represent approximately $104 million of the NSF’s $938 million STEM education budget.

The DOJ opinion directs the agency not to continue administering the programs as they were previously structured and notes that the NSF cannot reprogram the appropriated funds. However, the DOJ indicated that two other programs containing race- or sex-based elements could continue if those specific unconstitutional provisions are severed. Four other reviewed programs, including the Tribal Colleges and Universities Program, were found to be constitutional.