Justice Department Affirms Federal Education Aid Must Not Use Race-Based Criteria

The Department of Justice's Office of Legal Counsel has issued an opinion clarifying that federal education aid, specifically for the Magnet Schools Assistance Program (MSAP), cannot be conditioned on unconstitutional race-based criteria. This opinion supports magnet schools while emphasizing that government programs must treat individuals equally, rather than based on racial groups. The clarification reinforces existing legal principles regarding non-discrimination in federal funding.