Constitutionality of the National Science Foundation's STEM Programs
Department of Justice Office of Legal Counsel
1Opinion of the Court
(Slip Opinion) Constitutionality of the National Science Foundation’s STEM Programs Certain race- and sex-based programs administered by the National Science Foundation violate the Constitution’s equal-protection guarantee. August 12, 2026 MEMORANDUM OPINION FOR THE GENERAL COUNSEL NATIONAL SCIENCE FOUNDATION “Racial discrimination is invidious in all contexts.” Students for Fair Admissions, Inc. v. President & Fellows of Harvard Coll., 143 S. Ct. 2141, 2166 (2023) (“SFFA”) (cleaned up). It “demeans the dignity and worth of a person to be judged by ancestry instead of by his or her own merit.”
2Cases cited31 opinions
- Adickes v. S. H. Kress & Co.Supreme Court of the United States · 1970
- City of Cleburne v. Cleburne Living Center, Inc.Supreme Court of the United States · 1985
- Marbury v. MadisonSupreme Court of the United States · 1803
- Village of Arlington Heights v. Metropolitan Housing Development Corp.Supreme Court of the United States · 1977
- Craig v. BorenSupreme Court of the United States · 1976
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