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A recent federal court ruling dealt a significant blow to the Biden administration’s “equity agenda.” The lawsuit targeted the Minority Business Development Agency (MBDA), a new federal agency dedicated to providing assistance exclusively to certain preferred racial groups. The judge, a Trump-appointee named Mark Pittman, based in Fort Worth, Texas, reminded the administration of a fundamental principle of the Constitution: “The Constitution demands equal treatment under law.”
Although this principle should be evident to every American, the ruling was a painful setback for the administration. On his first day in office, President Biden declared a “whole of government” approach to racial equity, requiring all agencies to “affirmatively advance equity.” However, in practice, this approach resulted in various programs that were accessible to specific races but not others. Farmers, restaurant owners, homeowners, small business owners, and federal contractors received billions in federal tax dollars, but only if they belonged to certain racial groups.
President Biden speaks in the South Court Auditorium on the White House campus in Washington, D.C., on Oct. 14, 2021. (AP Photo/Evan Vucci)
The MBDA plays a central role in the equity agenda. Established as a permanent federal agency under the Infrastructure Act in November 2021, the MBDA aims to assist minority business owners by providing grants, training, consulting, government contracts, and other benefits to boost their financial success. As Under Secretary of Commerce Donald Cravins stated, “If you are a minority entrepreneur, MBDA is your agency.”
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However, this statement is not entirely accurate. As Judge Pittman highlighted, the MBDA excludes business owners who have ancestry from the Middle East, North Africa, or North Asia. Additionally, all minority business owners who own less than 51% of their businesses are ineligible for MBDA assistance. Therefore, when President Biden pledged to “build community wealth” for “underserved communities,” he was exclusively referring to preferred racial groups, such as Blacks, Hispanics, Native Americans, and some Southeast Asians.
However, this exclusion of numerous non-White racial groups from the Biden administration’s definition of “minority businesses” demonstrates a flawed approach to racial categorization by the federal government. As Chief Justice John Roberts once wrote, dividing people by race is a troubling practice.
Enter Greg Nuziard, Christian Bruckner, and Matt Piper. These three White small business owners from Texas, Florida, and Wisconsin filed a lawsuit against the Biden administration, alleging that the MBDA is an unconstitutional agency. Represented by the Wisconsin Institute for Law & Liberty, all three men sought assistance from the MBDA but were turned away solely because of their race.
In an email from the MBDA Office in Orlando, Florida, Christian Bruckner, a White individual, was informed that they couldn’t assist him due to his race, but they were willing to “refer him to our strategic partner for assistance.” This is a clear case of separate but equal treatment, which is unacceptable.
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In court, the Biden administration’s lawyers vigorously defended this race-based agency, arguing that such discrimination was justified in remedying “the effects of past inequities stemming from racial prejudice.” According to their argument, historical injustices like redlining, Jim Crow laws, and the denial of benefits from the G.I. Bill justify present-day race-based discrimination against Whites and other non-preferred racial groups.
This narrative aligns with the theory of systemic racism, a modern-day progressive belief that attributes all present-day racial disparities to past racial discrimination, disregarding evidence to the contrary. According to systemic racism theory, “equity” becomes the salvation, which essentially means implementing reverse discrimination to ensure that everyone ends up in the same position, as famously tweeted by Kamala Harris in 2020.
Judge Pittman remained unconvinced. He ruled against the Biden administration, stating that the Constitution prohibits race discrimination, and statistical disparities cannot serve as justifications for racial preferences. Allowing such a justification would grant governments the power to create a patchwork of racial preferences based on generalized statistics in any particular field.
Nevertheless, the equity agenda’s ultimate goal is to establish racial preferences for specific races.
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Fortunately, Judge Pittman joins a growing list of federal judges who have struck down elements of the equity agenda, including race-based programs like the Farmer Loan Forgiveness Program and the Restaurant Revitalization Fund.
The fight is ongoing. Every week, the Biden administration introduces new discriminatory programs based on race. It will require courageous Americans to remain vigilant and, when necessary, take a stand by suing the administration.
Based on past experiences, the administration is unlikely to cease its discriminatory practices unless compelled to do so by a court ruling.
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