OKAY FELLOW TAXPAYERS, IT’S POSSIBLE (WITH A LITTLE HELP FROM MY FRIENDS) I JUST SAVED YOU BILLIONS OF DOLLARS:  Well … maybe.  Those who know me know that for several years now I have been doing a lot of public speaking about the unconstitutionality of the Hispanic Serving Institutions program.  That’s the federal program that showers money on a college or university if it can certify that at least 25% of its students are Hispanic.

Three years ago, I wrote about it in a Supreme Court amicus brief and in the New Criterion, arguing the program is unconstitutional.  At my request, my terrific former special assistant Alex Heideman wrote about it for the Federalist Society Review in 2023.  More recently, I and my lovable colleagues at the American Civil Rights Project–Peter Kirsanow and Dan Morenoff–sent a letter to Members of Congress about the issue.

Also at my request (and constant nagging), Dan spent years talking to people around the country trying to find a university willing to sue.  Given the way universities are, that’s not easy to do, so he figured out that he also needed to talk to state attorneys general (including Tennessee’s) who have the authority to sue on behalf of their state universities.  Finally, finally, finally, a few months ago, the fabulous Tennessee AG Jonathan Skrmetti took up the gauntlet and brought a lawsuit against the Department of Education and the Secretary of Education in her official capacity.  The American Civil Rights Project, on behalf of the National Association of Scholars and of Faculty, Alumni, and Students Opposed to Racial Preferences, is seeking to intervene in that lawsuit to support Skrmetti’s position.  The Hispanic Association of Colleges and Universities (HACU) is seeking to intervene to  support the HSI program.

But yesterday, something great happened.  The Trump Administration agreed that the program is unconstitutional and declined to defend it in court.  That isn’t necessarily the end of the story.  HACU may be permitted to intervene in the lawsuit to defend the program.  But it’s still stellar.

Of course, it’s possible that Congress will find other ways to spend the HSI money, so you may not see a tax dividend.  I have suggested that Congress put the money into helping low-income students and/or the colleges and universities that serve low-income students without regard to race or ethnicity   I’m in this game to vindicate the Constitution.   I’ll probably be happy so long as the money is spent in a constitutional manner and doesn’t involve subsidizing the Left.

A year ago at this time I was beginning to wonder if we’d ever make progress on this issue.  But major progress has come.  Thank you to everyone who has worked or is working on this issue.  I think we’re getting somewhere.