AAER v. HSF

Racial Justice
Location: Washington, D.C.
Status: Ongoing
Last Update: October 5, 2026

What's at Stake

The Hispanic Scholarship Fund's (HSF) ability to award scholarships to Hispanic students has been challenged by the American Alliance for Equal Rights. The plaintiff alleges that HSF's scholarships (1) constitute a contract between HSF and the awardees and (2) discriminate against qualified, non-Hispanic students. We represent HSF to defend their right to make higher education accessible to students by supporting them with charitable resources and opportunities.

Summary

Brought on behalf of two members of the American Alliance for Equal Rights, the crux of the lawsuit challenges HSF's Scholar Program under Section 1981 of the Civil Rights Act of 1866, a Reconstruction Era law enacted to combat discrimination against Black Americans just one year after slavery was abolished by the passage of the Thirteenth Amendment. The plaintiff contends that HSF's Scholar Program creates a contract with applicants and unlawfully excludes otherwise qualified students on the basis of ethnicity. In defense of HSF, we argue that the Scholar Program is a charitable gift that does not require anything from students for the benefits of the program.

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