Trump-Appointed Judge Rules Against Biden Administration

By Robert Cunningham, updated on March 7, 2024

In a landmark decision, the tides of legal precedent have shifted once more.

A federal judge has ruled against the Minority Business Development Agency (MBDA) for prioritizing certain racial groups, a move deemed unconstitutional.

This ruling emanates from a lawsuit initiated by the Wisconsin Institute for Law and Liberty (WILL), which argued that the MBDA's core mission violated the Equal Protection Clause of the U.S. Constitution, a cornerstone for ensuring fair and equitable treatment under the law.

Federal Judge Halts Racial Prioritization by Government Agency

In a landmark decision, a federal judge has drawn a line in the sand regarding the practices of the Minority Business Development Agency (MBDA). This intervention has sparked a significant conversation about the intersection of race, law, and government support for businesses. The case, brought to court by the Wisconsin Institute for Law and Liberty (WILL), culminated in the MBDA being legally barred from giving preferential treatment to businesses based on racial identity.

The MBDA, a fixture in the U.S. Department of Commerce since 1969, was permanently established under President Joe Biden's administration. It has been committed to fostering the growth and competitiveness of minority-owned businesses. However, through the lens of the lawsuit filed by WILL, this well-intentioned focus came under scrutiny for potentially violating the Equal Protection Clause of the Constitution.

Judge Mark Pittman, whose appointment was made by President Trump, delivered the ruling that effectively ends the MBDA's ability to prioritize businesses based on racial categorizations. While the agency can continue to operate its Business Centers, it must now do so without the racial vetting of applicants that had been at the heart of the legal challenge. This ruling aligns with the broader conservative viewpoint that government agencies should not engage in practices that could be construed as discriminatory or exclusionary.

Trump-Appointed Judge Delivers Decisive Blow to MBDA

The lawsuit originated from WILL in March 2023 and targeted what they saw as the MBDA's unconstitutional mission. In delivering his decision, Judge Pittman emphasized the importance of equal protection under the law, stating that the government cannot impede on individual rights without consequence. His ruling reflects a perspective shared by many conservatives that racial categorizations, even when well-intended, should not be a factor in government policy.

The 2021 Infrastructure Investment and Jobs Act, which expanded the MBDA's reach and codified it into statute, had broad implications. The MBDA's mission to improve access to capital, contracts, and markets for minority businesses is seen as a cornerstone for supporting diversity in the American business landscape. Yet, this recent ruling challenges how such support is rendered, advocating for a colorblind approach to government assistance.

Rick Esenberg, President of WILL, hailed the decision as a triumph for equality and the small businesses of Wisconsin, Texas, and Florida. Esenberg's statement echoed a sentiment that is prevalent among conservative circles: that racial equality is best achieved through non-discriminatory practices.

Reactions Reflect Broader Debates on Diversity Initiatives

The implications of this ruling extend beyond the MBDA and touch on broader national debates concerning diversity, equity, and inclusion initiatives. These discussions often concern the best approaches to achieving a fair and just society. The legal challenges faced by the MBDA could herald similar scrutiny of other DEI programs in various institutions.

Judge Pittman's words underscore the significance of the ruling:

While the Agency may intend to serve listed groups, not punish unlisted groups, the very design of its presumption punishes those who are not presumptively entitled to MBDA benefits. The federal government may not flagrantly violate such rights with impunity. The MBDA has done so for years. Time’s up.

With the MBDA not responding immediately to requests for comment, the future of its programs and how it will adapt to meet the court's requirements remains to be seen. Meanwhile, the ruling serves as a cautionary tale for federal agencies about the legal risks of race-based prioritization in their programs and initiatives.


The federal court's injunction against the MBDA's racial prioritization practices marks a turning point in how government agencies may support minority-owned businesses. The ruling by Judge Pittman, a Trump appointee, underscores the legal boundaries set by the Equal Protection Clause and reflects a conservative viewpoint on race and government policy.

Rick Esenberg of WILL sees the decision as a win for equality and small businesses, while the MBDA has yet to comment on its implications. This case is likely to influence the broader national conversation on diversity and inclusion as it highlights the complexities of implementing such initiatives within the bounds of the law.

The MBDA must navigate this new legal landscape carefully to continue its mission without violating constitutional protections.

About Robert Cunningham

With years of experience at the forefront of political commentary, Robert Cunningham brings a blend of sharp wit and deep insight to his analysis of American principles at the Capitalism Institute.

Top Articles



Receive information on new articles posted, important topics and tips.
Join Now
We won't send you spam. 
Unsubscribe at any time.

Recent Articles

Recent Analysis

Copyright © 2024 -
A Project of Connell Media.