Conservative Activist’s Lawsuit Threatens Grant Program for Black Women

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The Supreme Court\'s affirmative action ruling has bolstered the legal assault against DEI and race-conscious policies.

Edward Blum, the affirmative action opponent behind the lawsuits challenging admission procedures at Harvard University and the University of North Carolina at Chapel Hill, leaves the Supreme Court in Washington, D.C. on October 31, 2022.

“We do expect over the years to come — not immediately — that we’re really going to respond to the question of whether or not corporate DEI programs, fellowship programs and other affirmative efforts to address racial inequality are permissible,” added Johnson, who specializes in constitutional and anti-discrimination law.

“If you take into account that section 1981 was really intended to prohibit discrimination on the basis of race, color and ethnicity when making and enforcing contractsensure that individuals have the same rights and benefits as quote ‘enjoyed by white citizens,’ that is not a flat out rule that you don’t take race into account,” Russell said. “It is very much rooted in time periods.”

Through its Strivers Grant Contest, which is currently paused, the firm endeavored to bridge that gap between the overwhelming majority of venture capital funding that goes to white men and the dismal marginthat ends up in the hands of Black women business owners. Fearless Fund sought a reversal of the October preliminary injunction suspending the operation of their grant program through the duration of the lawsuit. The foundation asked the court to rule in line with the U.S. District Court for the Northern District of Georgia’s September decision that found it “clearly intends to convey a particular message in promoting and operating its grant program: ‘Black women-owned businesses are vital to our economy.

 

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