The Justice Department Office of Legal Counsel determined this week that three of the National Science Foundation’s science, technology, engineering, and mathematics programs are unconstitutional because of their race- and sex-based criteria, although the agency has so far declined to say whether it would change or halt them.

NSF spokesman Michael England declined to comment when the Washington Examiner asked Friday what actions the agency planned to take following the opinion, even though the department found that three of the programs it reviewed are unconstitutional.