In what could prove to be the culmination of a lawsuit stretching back to 2006, a federal judge has decided to appoint a third party to address segregation imposed upon Marylandโ€™s public historically Black universities.

Yes, they are Historically โ€œBlackโ€ Colleges and Universities, but Marylandโ€™s four public HBCUs sued the state for violation of the Civil Rights Act and the Constitutionโ€™s equal protection clause. At the heart of the suit was whether the state had effectively caused segregation at its HBCU by allowing traditionally White universities to duplicate historically Black institutionsโ€™ program โ€“ preventing the historically Black universities from drawing a diverse set of students with successful programs.

The lawsuit was originally filed in 2006 and it took until 2013 for the court to rule unnecessary program duplication in the stateโ€™s higher education system has effects of segregation that the state could not justify. The parties subsequently went through mediation but could not agree on a path forward, and they submitted competing proposals to remedy the situation in 2015.

The case continued in court until Judge Catherine C. Blakeโ€™s ruling. She ordered the appointment of a โ€œspecial masterโ€ who will create a remedial plan and monitor its implementation under court supervision. The plan is to create a new set of unique or high-demand programs that build on the strength of Marylandโ€™s four public historically black institutions. It will also include a yet-to-be-determined amount of funding for marketing, student recruitment, financial aid and other initiatives over the next decade.

โ€œSheโ€™s putting an end to program duplication going forward, and so thatโ€™s a win,โ€ said David Wilson, president of Morgan State University, a public historically black institution in Baltimore. โ€œI think itโ€™s a win for the state, I think itโ€™s a win for Morgan and itโ€™s a win for taxpayers, because you donโ€™t necessarily have to now pay two or three times over for programs that were being offered at Morgan.โ€

The courtโ€™s order requires Maryland to end the segregation-era policy, said the lawyer leading the case against the state, Michael D. Jones, in a statement.

โ€œThe most important area of inferiority was to deny the Black schools exclusive, unique, well-funded programs,โ€ said Jones, a partner at Kirkland & Ellis LLP. โ€œWith this order, Judge Blake brings that era to a close.โ€

โ€œWe are especially pleased that the judgeโ€™s order requires the development of several new and unique high-demand programs at each HBI and that those programs are to be funded by the state rather than the HBIs,โ€ said David Burton, president of the Coalition for Equity and Excellence in Maryland Higher Education. โ€œThat was one of our primary objectives in bringing this lawsuit.โ€

The case, the judge wrote, is not about particular institutions. It is about studentsโ€™ constitutional right to attend any public college or university without having to accept racial segregation. Marylandโ€™s traditionally white institutions meet that requirement, the judge found. Its historically Black institutions donโ€™t, so a remedial plan needs to encourage students who are not Black to attend historically Black institutions.

While on the very surface, the case may have been about segregation, you didnโ€™t have to dig deep to see the case was actually about inequality in funding. AS always, keep your eyes on the money!!

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