According to the White House, “hours after taking the oath of office,” President Joe Biden launched an ambitious “day one,” government-wide initiative aimed at advancing racial equity. This effort led to a series of programs prioritizing certain racial groups. During his presidency, Biden enacted three major legislative measures — the American Rescue Plan Act, the Inflation Reduction Act, and the Bipartisan Infrastructure Act — that provided specific benefits and programs to favored racial groups while excluding others. These initiatives, funded by tens of billions in taxpayer dollars, impacted millions of Americans.
However, many of these programs faced significant legal challenges. Over the years, courts ruled several initiatives unconstitutional due to race-based discrimination, including the Farmer Loan Forgiveness Program, Restaurant Revitalization Fund, and the Minority Business Development Agency. To date, the Biden administration has faced nine legal defeats in defending such racial preference programs.
Challenging discriminatory programs through litigation is crucial but often slow and incremental. While the Biden administration has faced legal defeats, and conservative legal groups have achieved some victories, these efforts have only begun to address the broader scope of Biden’s “equity agenda.” A recent analysis by the Wisconsin Institute for Law and Liberty identifies over 60 federal programs with discriminatory practices that remain untouched by lawsuits.
Many of these programs are significant. For example, the Department of the Treasury oversees two major race-based initiatives: the $2.5 billion Small Business Credit Initiative, which excludes certain small businesses, and the $10 billion Homeowner Assistance Fund, which discriminates among homeowners. The Department of Agriculture alone operates 30 race-based programs, targeting areas such as conservation easements, disaster assistance, and various grants. In total, at least 11 federal agencies implement racially discriminatory policies that impact Americans daily, all under the framework of “equity.”
What steps can a new administration take to address these entrenched diversity, equity, and inclusion (DEI) programs? There are at least four key actions a new administration, such as one led by Trump, could take to fulfill campaign promises to dismantle DEI initiatives in the federal government.
The first step would be to immediately rescind Biden’s Executive Order on Advancing Racial Equity. This directive pushed the entire federal bureaucracy toward implementing racially focused policies and creating “equity action plans.” These plans influenced decisions on hiring, firing, promotions, and the distribution of public benefits and services. According to a report by Do No Harm, this order resulted in more than 500 race-based equity policies across over 80 federal agencies.
President Trump could follow this by issuing a new executive order focused on equality, emphasizing individual treatment over group-based racial classifications or stereotyping. Such an order would redirect federal agencies toward policies that uphold equal treatment for all Americans.
Second, the president should task the incoming attorney general with conducting a comprehensive legal review of all agency DEI and affirmative-action programs. Any program found to unconstitutionally discriminate based on race should be immediately dismantled. A 1994 opinion from the DOJ’s Office of Legal Counsel supports the president’s authority to decline enforcement of unconstitutional statutes, though this power should be exercised carefully to respect the balance of powers among the branches. Upholding the Constitution’s mandate of equal treatment, the president must ensure that federal agencies no longer engage in unconstitutional racial discrimination.
Third, Trump should instruct the attorney general to settle, when appropriate, lawsuits challenging discriminatory DEI and affirmative-action programs. This includes resolving cases like the challenge to the Disadvantaged Business Enterprise program, the largest federal affirmative-action initiative, which has already faced a preliminary injunction.
Other lawsuits that merit settlement include challenges to West Point’s race-based admissions program, the Department of Education’s discriminatory McNair Postbaccalaureate Achievement Program, and the USDA’s racialized disaster relief program. Resolving these cases would align with the approach of previous administrations, which have often settled lawsuits inherited from their predecessors. While “sue and settle” should not be used to bypass valid laws, the federal government has no obligation to defend clearly unconstitutional programs in court.
Fourth, President Trump could direct agencies like the Department of Education, the Department of Justice, and the Equal Employment Opportunity Commission to investigate and address racial discrimination among K-12 schools, higher education institutions, hospitals, and other entities receiving federal funding. Title VI of the Civil Rights Act of 1964 provides a strong legal framework for addressing unlawful DEI initiatives among these federally funded organizations. Federal agencies could investigate universities that discriminated against students during pro-Hamas protests, local school districts using “equity” policies to discriminate, and hospital systems that implement race-based practices affecting patient care.
For those committed to equality and opposed to racially discriminatory DEI policies, there have been significant victories. The Supreme Court has reaffirmed the Constitution’s and federal law’s prohibition of race discrimination, and both the executive branch and Congress are showing a stronger focus on race-neutral policies.
However, the real challenge lies ahead. The next phase requires thoroughly eliminating DEI and other discriminatory practices from every corner of the federal government. President Trump could significantly advance the cause of equality by taking bold steps and appointing decisive leaders to carry out this mission.
