For more than a century, the Supreme Court and Congress have ruled against any policy that discriminates based on race. Therefore, the current attempt by this administration to pursue such a policy seems at odds with our laws, Supreme Court decisions, and the Constitution.

Let’s start with the Civil Rights Act of 1866. It prohibited the federal government from modifying property rights and contract rights solely based on race. The 1964 Civil Rights Act further prohibited discrimination based on race, color, and national origin.

Decades ago, the Supreme Court ruled that “distinctions between citizens solely because of their ancestry are by their very nature odious to a free people.” A more recent decision argued that “the way to stop discrimination on the basis of race is to stop discrimination on the basis of race.”

Despite these laws and Supreme Court decisions, the Biden administration is requiring policy decisions based on racial preferences. President Biden’s executive order mandates that government employees apply “diversity, equity, and inclusion” (often referred to as DEI) in nearly every federal agency.

We have already seen how this has been applied to different aspects of the federal government. The infrastructure bill included billions to advance what were called “equitable outcomes” for farmers, small business owners, and construction companies. Covid tests and vaccines were prioritized by race. Various government agencies must advance equity through federal grants and federal programs.

These administration policies are discriminating and violating more than a century of laws and court decisions. It is time for federal judges to step in and stop these unfair and unconstitutional policies.