U.S. Secretary of Education Linda McMahon Statement on the Office of Legal Counsel’s Opinion...
Department of Education - News Release
U.S. Secretary of Education Linda McMahon Statement on the Office of Legal Counsel’s Opinion on the Constitutionality of Race-Based Higher Education Grant Programs
December 19, 2025U.S. Secretary of Education Linda McMahon today released a statement regarding the Department of Justice’s Office of Legal Counsel’s (OLC) Opinion on the Constitutionality of racial quotas and preferences in the Department of Education’s Minority Serving Institution Programs:
“I agree with the Office of Legal Counsel opinion, which confirms that using race quotas and preferences to determine eligibility for federal education funding programs is unconstitutional. We cannot, and must not, attach race-based conditions when allocating taxpayer funding. This is another concrete step from the Trump Administration to put a stop to DEI in government and ensure taxpayer dollars support programs that advance merit and fairness in all aspects of Americans lives. The Department of Education looks forward to working with Congress to reform these programs.”