Court Rules Against Biden Admin in DEI Case

By Jerry McConway, updated on March 11, 2024

Government programs related to diversity, equity, and inclusion (DEI) are now at risk after a judgment was issued in a case last week.

A judge ruled in favor of small business owners who were suing the government regarding a race-based program.

Talking Points…
- What is DEI?
- Judge rules against DEI program
- Analysis

What is DEI

DEI stands for diversity, equity, and inclusion, which is a fancy way of saying affirmative action.

Programs that operate under this umbrella claim to promote "the fair treatment and full participation of all people," particularly groups "who have historically been underrepresented or subject to discrimination."

Governor DeSantis in Florida has been working to dismantle state DEI programs, much to the chagrin of liberals, who continue to fight his every move. Schools and businesses have promoted DEI programs to give more people of color the "opportunity" to attend schools or get a job at certain businesses.

This program has also included educational programs for schools and businesses, many of which have come under fire from the Republican Party for the manner in which they paint white people, generally, as the oppressor of all people of color. The narrative on the right is that DEI promotes more divide than unity, especially in schools where children of mixed marriages are more or less being asked to pit their parents against each other.

The Ruling

The Minority Business Development Agency (MBDA) was sued by the Wisconsin Institute for Law & Liberty (WILL) on behalf of several small business owners. The agency was initially formed to support minority-owned business owners, but the Biden administration expanded it significantly with new legislation.

Three business owners, Jeffrey Nuziard, Matthew Piper, and Christian Brucker, wanted to use the agency for assistance but were declined because of their race. On Wednesday, the court ruled that the MBDA is no longer permitted to operate under these guidelines and has violated our Constitution, which requires equal treatment for all.

U.S. District Judge Mark Pittman, a Trump-appointed judge, ruled that the MBDA does not have to close, as it "can still operate its Business Centers, it must simply do so without vetting applicants based on race." He concluded:

"The MBDA has done so for years. Time's up."

Daniel Lennington, deputy counsel at WILL, celebrated the ruling, stating:

"Victory in this case means that governments and businesses who use DEI can no longer just make assumptions about people, they have to actually help people who need help, which is what we think the government should do.

"They should treat people as individuals and not members of racial groups."

Analysis

If this ruling holds up through the appeals process, it is a major blow against affirmative action, bringing another question to light. In this day and age, do we still need affirmative action? Democrats will say yes because they love to use issues such as this to win minority votes during election years, while conservatives will say in this day and age, the playing field has already been leveled.

This will definitely be an issue for Trump to deal with during the campaign, especially because of the allegations of racism that Democrats have attached to him since he first ran for office in 2016. It is not going to help his case that a Trump-appointed judge made the ruling. This is definitely something to watch for in the coming weeks to see how many attacks are levied against Trump due to this ruling, as well as how Democrats try to rally minority voters around the party to fight the decision.

About Jerry McConway

Jerry McConway is an independent political author and investigator who lives in Dallas, Texas. He has spent years building a strong following of readers who know that he will write what he believes is true, even if it means criticizing politicians his followers support. His readers have come to expect his integrity.

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