Over the past few years, the federal government, universities and other institutions across the country have ended or rolled back programs and policies that prioritize certain races following a series of lawsuits.
Fueled by the landmark decision in Students for Fair Admissions v. Harvard in 2023, in which the Supreme Court ruled race-based college admissions unconstitutional, legal groups have ramped up efforts to dismantle racially biased initiatives that often masquerade under the guise of diversity, equity and inclusion (DEI). Over 100 cases attempting to strike down discriminatory practices in hiring, admissions and grant distributions have been filed since 2021, according to data collected by The Washington Post. (RELATED: Republicans Can End Left’s Chokehold At Universities With One Easy Trick)
Many states have already written policies into law requiring educational institutions terminate or drastically alter discriminatory DEI programs such as minority-only scholarships and engagement centers, with some putting an end to DEI offices entirely.
So far, court rulings have ended racial discrimination in multiple areas, including relief programs, grantmaking agencies and federal contracting programs. Two federal agencies, the Farm Loan Forgiveness Program and the Restaurant Revitalization Fund, were both defeated in lawsuits for discriminating against white business owners in granting COVID-19 relief funds.
In 2022, Comcast settled a suit with several small business owners over a program requiring businesses to have at least 51% minority employees. The Fearless Fund, an Atlanta-based venture capital fund, had its grant program blocked by a federal court in June.
“The goal is complete race neutrality. That is the end goal of all this litigation,” Daniel Lennington, a lawyer for the Wisconsin Institute for Law & Liberty (WILL), told the Washington Post. “It’s a view of radical equality that we think is in line with the Declaration of Independence.”
Several more cases are ongoing against companies like CBS, in which employees were allegedly overlooked for promotions on the basis of race due to DEI policies. Another lawsuit accuses Meta Platforms of using racial discrimination practices in considering candidates for hire and promotion opportunities; an appeals court recently ruled that case must go forward.
WASHINGTON, DC – JUNE 29: Anti-affirmative action activists with the Asian American Coalition for Education protest outside the U.S. Supreme Court Building on June 29, 2023 in Washington, DC. In a 6-3 vote, Supreme Court Justices ruled that race-conscious admissions programs at Harvard and the University of North Carolina are unconstitutional, setting precedent for affirmative action in other universities and colleges. (Photo by Anna Moneymaker/Getty Images)
“The cases are going pretty quickly and decisively against the government programs,” Jason Schwartz, an attorney involved in the case against the Fearless Fund, told the Washington Post. “Those [government] cases are harder to defend.”
Former Trump advisor Stephen Miller, who runs America First Legal, an organization heavily involved in lawsuits against discriminatory DEI programs, said the initiatives “punish Americans for being White, Asian or male,” according to the Post.
A majority of Americans support decisions to remove race as a consideration for college admissions and hiring decisions, according to polling done by the Post and Pew Research.
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