Today, the Department of Justice’s Office of Legal Counsel issued an opinion clarifying the limits on the Department of Education’s authority to consider race when administering the Magnet Schools Assistance Program (MSAP). MSAP is a federal grant program designed to promote voluntary school desegregation and expand educational opportunities for students through competitive grants to school districts. The opinion reaffirms the federal government’s longstanding support for magnet schools while ensuring that federal assistance is not conditioned on unconstitutional race‑based criteria.“Today’s opinion reaffirms a foundational principle of our constitutional order: government programs must treat individuals as individuals, not as members of
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