The long-standing regime of race-based admissions and affirmative action programs suffered another major blow as the Wisconsin Court of Appeals ruled against the Evers Administration and a racially discriminatory scholarship program. The case, brought by the Wisconsin Institute for Law & Liberty (WILL), challenged the Minority Undergraduate Retention Program, a state-administered scholarship that excluded most Wisconsin students based on race. The court’s decision effectively dismantles the program, marking a significant moment in the national pushback against race-based policies in higher education.

At the center of the case were five Wisconsin taxpayers, including Richard Freihoefer and Kiki Rabiebna, who objected to their tax dollars funding a program that explicitly excluded their children from eligibility. The scholarship was only available to certain racial and ethnic groups—Black Americans, American Indians, Hispanics, and select Southeast Asian immigrants—while excluding whites, many Asians, Middle Eastern students, and others. WILL argued this violated the Equal Protection Clause of the Wisconsin Constitution and federal law, a stance the appellate court firmly upheld.

Judge Gundrum, writing for the court, made it clear: “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.” The ruling emphasized that aid should be based on need, income, or hardship—not race.

This decision is part of a growing national trend rejecting diversity, equity, and inclusion (DEI) initiatives that have dominated American institutions since the 1960s. The Supreme Court’s ruling in Students for Fair Admissions v. Harvard set the stage for the unraveling of affirmative action, and cases like this show how the legal tide continues to turn.

In January 2025, President Donald Trump signed an executive order titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” which mandates that educational institutions cease considering race in admissions, financial aid, hiring, and other programs, threatening the withdrawal of federal funding for non-compliance. 

This directive follows the U.S. Supreme Court’s landmark decision in Students for Fair Admissions v. Harvard (2023), where the Court ruled that race-conscious admissions programs at Harvard University and the University of North Carolina violated the Equal Protection Clause, effectively ending affirmative action in higher education. These developments reflect a significant shift in federal policy, emphasizing merit-based criteria over race-based considerations in educational settings.

WILL Deputy Counsel Dan Lennington heralded the victory as a landmark decision in the fight for equality under the law. “This ruling marks a turning point in the battle for true equality in our state and country,” he said. Meanwhile, Richard Freihoefer emphasized the broader implications, stating, “Too often, taxpayers are unknowingly funding illegal and discriminatory government efforts. Today’s ruling ends one significant example.”

The ruling is a severe rebuke to the Evers Administration and a warning to other states that continue to push race-based policies under the guise of “equity.” As the affirmative action cartel crumbles, legal challenges against DEI and racial preferences are gaining momentum, ensuring that access to education and scholarships is based on merit, need, and opportunity rather than race.