“If the courts mean what they mean when they prioritize constitutional rights, then the federal government may be able to grossly violate those rights with impunity,” Pittman said. wrote. “MBDA has been doing that for years. Time is up.”
The ruling is the latest blow to the government's affirmative action programs, following the Supreme Court's landmark decisions in June against Harvard University and the University of North Carolina that upended race-conscious college admissions. This decision sparked a widespread legal offensive against affirmative action and diversity, equity, and inclusion (DEI) programs in the private and public sectors. In July, a Tennessee judge ruled that the use of racial disadvantage presumptions in the Small Business Administration's 8(a) business development program was unconstitutional, forcing the agency to review the program.
“This is a historic victory for equality in America,” said Dan Lennington, an attorney at the conservative public interest law firm Wisconsin Institute for Law and Liberty, who is representing the plaintiffs in the MBDA lawsuit. “Federal agencies can no longer cater only to certain races. The MBDA is now open to everyone.”
Lennington previously indicated that the case would likely be appealed to the conservative-leaning 5th Circuit Court of Appeals.
A Justice Department attorney representing the MBDA did not respond to requests for comment.
