The Congressional Black Caucus Foundation (CBCF) has been hit with a bombshell lawsuit arguing against certain scholarships for Black students. While this wouldn’t be the first legal attempt to undermine efforts to serve Black and brown students around the country, but after the Trump administration’s ban on diversity, equity and inclusion (DEI), this lawsuit has the potential to set a new standard.
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American Alliance for Equal Rights describes itself as “a nonprofit membership organization dedicated to challenging distinctions made on the basis of race and ethnicity in federal and state courts.” The anti-affirmative action organization has launched a campaign targeting all efforts to cater to specific ethnic or minority groups. In latest news, their lawsuit against the CBCF, a close partner to the Congressional Black Caucus (CBC), caught the special attention of many Black Americans, especially those who will be impacted the most.
According to the suit, “CBC Spouses Education Scholarship is an unlawful, race-based contracting program that violates 42 U.S.C. §1981, the Civil Rights Act of 1866.” But while the group argues the scholarship discriminates against non-Black students, you have to really dive into who exactly qualifies for such scholarships to understand their impact.
The CBC Spouses Education Scholarship is limited to only Black students located in districts represented by members of the Congressional Black Caucus, made up of Black members of Congress. Scholarships range from anywhere between $2,500 and $20,000, according to the CBC website. Only 300 applicants are awarded the scholarship each year, and that in and of itself is discriminatory according to the lawsuit.
Typically, applicants come from historically underfunded schools in majority Black districts, where scholarships are seldom typical. American Alliance for Equal Rights is notably suing on behalf of two students– one Asian and the other Hispanic– who are members of the anti-affirmative organization.
The lawsuit also noted the CBC is often called the “conscience of the Congress,” and given that status, the organization should not be allowed to pick and choose who they serve. “Racial discrimination is unconscionable,” the lawsuit read. “And awarding educational opportunities to some young constituents but not others — based on the color of their skin — is neither conscientious nor legal.”
The scholarship has been active since the late 80s, according to the suit. But it wasn’t until 2026 that the issue reached any litigation. While Congressional Black Caucus Foundation CEO Nicole Austin-Hillery declined to comment on the lawsuit, she told USA Today, “The Congressional Black Caucus Foundation is proud to reaffirm that we are a non-profit organization founded 50 years ago by the original members of the Congressional Black Caucus.”
She added, “We were founded to help open doors to educational opportunities and training for the next generation of leaders, to provide research, and to offer public education on emerging policy issues. CBCF remains committed to these goals and to providing opportunity for all who can benefit from our work and programs.”
The CBC was founded in 1971 by Black lawmakers who saw a need to promote equal access for Black Americans after the Civil Rights Movement. Since then, the powerful voting bloc has positioned itself as a strong voice for Black communities nation-wide. More than 60 members in the House and Senate are members of the CBC, all of whom are Democrats.
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