Case Particulars

Tribunal

State of New York

Date Filed

March 10, 2026

Docket No.

N/A

Case Status

Demand Letter Sent

Case Overview

The Equal Protection Project and Pacific Legal Foundation sent a demand letter to New York Governor Kathy Hochul raising constitutional concerns about the state’s Collegiate Science and Technology Entry Program (CSTEP). The organizations represent plaintiffs in a pending federal lawsuit, Chu v. Rosa, which challenges a related New York program that conditions eligibility on race. According to the letter, CSTEP similarly restricts participation to students classified as “minorities historically underrepresented,” including Black, Hispanic, and Native American students, raising serious Equal Protection concerns.

The letter explains that the Supreme Court’s decision in Students for Fair Admissions v. Harvard reaffirmed that government use of racial classifications is presumptively unconstitutional and permissible only in extremely limited circumstances, such as remedying specific past discrimination by the government or addressing imminent threats to safety. The authors argue that CSTEP does not satisfy those narrow conditions, making the program legally vulnerable.

Demand-Letter-to-Hon-Kathy-Hoch…Although the New York State Education Department has issued guidance suggesting that STEP and CSTEP applicants may be considered without regard to race, the letter notes that some institutions continue to operate programs using race-based eligibility criteria. The Equal Protection Project and Pacific Legal Foundation therefore asked the Governor to clarify whether the state intends to remove race as an eligibility requirement from CSTEP by March 25, 2026, after which the organizations will determine whether further legal action is warranted