Illinois city's reparations plan is misguided, divisive and likely unconstitutional

Evanston, Illinois' $25,000 reparations payments to 44 Black residents raise constitutional questions and practical concerns about race-based compensation programs.

A $25,000 payment may provide temporary relief for some recipients, but investments in education, financial literacy and other community-building initiatives could provide more long-term benefits. These types of investments would be better than offering short-term individual relief. Erec Smith is a research fellow at the Cato Institute and a former associate professor of rhetoric at York College of Pennsylvania. 

At its core, the Evanston program is race-specific, providing benefits solely to Black residents who meet narrow historical criteria. This raises an obvious legal question: Can the government dole out money based on race? Critics have already flagged the program as constitutionally questionable under the Equal ProtectionEqual Protection Clause of the 14th Amendment. Beyond legality, there is a broader question about fairness. The program compensates some individuals while excluding others who may face equal or even greater financial need. Wealthier Black residents in Evanston receive the same payments as those struggling economically, while low-income residents of other races receive nothing. Isn’t a poor White person more in need of that money?