Race Preferences Are Falling Nationwide

By the Editorial Board

The Wall Street Journal

June 19, 2026 

The Supreme Court’s 2023 ruling against racial preferences is turning out to be a landmark with profound consequences as its influence spreads. On Thursday the famously progressive Wisconsin Supreme Court ruled unanimously that a state program that issued scholarships based on race violates the U.S. Constitution.

Justice Annette Ziegler wrote for the court that the Constitution requires “that every person ‘must be treated based on his or her experiences as an individual—not on the basis of race,’” and that the state cannot “use race as a factor in affording educational opportunities among its citizens.”

That must have been painful for the activist liberal majority on the court. In a concurrence, Wisconsin Chief Justice Jill Karofsky took some shots at Students for Fair Admissions v. Harvard College (2023) before acknowledging that “I am bound by the precedent set forth in SFFA” and other Supreme Court rulings “when interpreting the Fourteenth Amendment.”

The case was brought by the Wisconsin Institute for Law and Liberty against a 1985 Badger State law that reserved need-based scholarships through a grant program for “Black American,” “American Indian,” “Hispanic” and some Southeast Asian undergraduate students enrolled in Wisconsin’s private and technical colleges.

Last week the Iowa Supreme Court ruled that a scholarship program earmarked for black University of Iowa students studying physical sciences was “impracticable” under SFFA. State governments would be wise to repeal these discriminatory grant programs, or the courts will do it for them.