Equality Under The Law

“We hold these truths to be self-evident,

that all men are created equal.”

Our country has struggled to live up to this principle for nearly 250 years. We fought a Civil War and amended the Constitution to guarantee the “equal protection of the laws” for “all persons.” Brave men and women who opposed Jim Crow unflinchingly fought and died for equality in the Civil Rights Movement.

Diversity, Equity, & Inclusion

Now, the principle of equality is under attack once again. Under the guise of “diversity,” “equity,” and “inclusion,” Americans are being told that we are not all created equal. We are created, they say, into groups of “privileged” and “oppressed.” We are told that people of color can never succeed because an invisible “system” of racism exists everywhere. We are told that the government must distribute benefits based on race, using present-day race discrimination in the hopes of somehow making up for past discrimination. 

Discrimination IS Discrimination

On June 29, 2023, the United States Supreme Court decided that colleges and universities may no longer use race as a factor in admissions. This practice, commonly called “affirmative action,” was declared unconstitutional in Students for Fair Admissions v. Harvard.

The decision, however, has much broader implications: it confirms that our Constitution is “colorblind” and that governments may not treat their citizens differently based on race. The Court explained that the Constitution demands “absolute equality of all citizens.” Exceptions to this rule are exceedingly rare, reserved for situations like preserving order in a prison, or to remedy the government’s own past intentional discrimination. Governments may not use race to cure “societal discrimination,” “systemic racism,” or to advance modern-day notions of “diversity” and “equity.” In the Court’s words, “eliminating racial discrimination means eliminating all racial discrimination.”

Additionally, the Court’s broad language implicates practices outside the bounds of the Constitution—namely, private affirmative action programs or “diversity, equity, and inclusion” initiatives. Harvard, after all, is a private college and its program was evaluated under the law governing programs receiving federal financial assistance (Title VI). The Court concluded that this statute contains the same protections against discrimination as the Constitution’s Equal Protection Clause, and that Harvard’s use of race in admitting students was unlawful under that statute. Title VI contains language that is identical to or functionally similar to a variety of federal laws, including, for example, the statute prohibiting discrimination by private businesses (Title VII). The Students for Fair Admission decision, therefore, has the potential to upend not only government-sanctioned discrimination, but even race-based private conduct pursued in the name of “diversity, equity, and inclusion.” Put simply, the decision calls into question a whole panoply of race-based programs in the public and private sectors.

We are Fighting Back



Since January 2021, WILL has represented 58 clients from 21 states who are standing up for equality under law.

Open Cases

WILL Files Second Federal Discrimination Complaint Against Prominent University During Nationwide Pro-Hamas Protests

WILL has filed a federal Title VI complaint against Rutgers University (“the University”) on behalf of the Young America’s Foundation (“YAF”), which has an active chapter on the University’s campus. The complaint challenges the University’s illegal promise to prioritize the “needs” of “Arab, Muslim, and Palestinian” students over those of Israeli and Jewish students.


WILL's lawsuit against the State Bar of Wisconsin for promoting discriminatory DEI practices including its “Diversity Clerkship Program,” which offers premier internship opportunities based primarily on race.

MAMCO, Bagshaw Trucking Inc. vs. U.S. DOT Et Al.

WILL filed a federal lawsuit against the Biden Administration’s “disadvantaged business enterprise” (DBE) program, alleging illegal discrimination. The federal DBE program is the largest, and perhaps oldest, affirmative action program in U.S. history. It is administered by the U.S. Department of Transportation.

Demand Letter & Concluded Cases

Race Discrimination Discovered at American Bar Association

WILL is warning the American Bar Association (ABA) to review its race-based Judicial Clerkship Program and Internship Opportunity Program. WILL told the ABA in a letter that these programs violate multiple federal, state, and local civil rights laws, and harm innumerable students around the country. Unless the ABA opens their programs to all races and stops using race as a factor, WILL is planning appropriate legal action.

Nuziard et al. v. Minority Business Development Agency

WILL’s lawsuit challenges the Minority Business Development Agency, which was enacted into law through the 2021 Infrastructure Act. This is the first time the federal government has created an agency devoted to helping some races, but not others. The lawsuit alleges that the new agency violates the Equal Protection Doctrine, which guarantees that all individuals must be treated equally, without regard to race.


The Wisconsin Institute for Law & Liberty (WILL) is suing the Madison Metropolitan School District (MMSD) for refusing to provide public records related to a racially discriminatory policy.

Bruckner v. Biden

Florida small-business owner, Christian Bruckner, filed a federal lawsuit against the Biden Administration challenging unconstitutional race and gender quotas in the new $1.2 trillion federal infrastructure law.


National Review Online| DEI’s Achilles’ Heel

The tide is turning against discriminatory DEI policies. WILL Deputy Counsel Dan Lennington breaks down his latest win against the Biden Administration’s Minority Business Development Agency and how courts are siding more & more with the Constitution.  Read More.

Fox News Online | Here’s how woke banking is deciding your loans

The Biden Administration is pushing race-based lending. WILL Deputy Counsel Dan Lennington lays out in in this new column.  Read More.

National Review Online| Affirmative Action Has No Place at Military-Service Academies

WILL Deputy Counsel Dan Lennington and Associate Counsel Skylar Croy take on discrriminatory practices at West Point. Read More.

National Review Online| The Struggle for Legal Equality Isn’t Over Yet

WILL President Rick Esenberg and WILL Deputy Counsel Dan Lennington discuss the ramifications of the SFFA v. Harvard decision and what litigation is coming next from WILL . Read More.

RESEARCH | Equality For All A Survey of Racially Discriminatory Laws, Programs, & Policies in Wisconsin

Dan Lennington and WILL’s Policy Team dive into the illegal DEI policies in Wisconsin State Government. Read More.

Milwaukee Journal Sentinel | Wisconsin Education Officials Wrongly Label Black Students as More “At Risk,”

WILL Deputy Counsel Dan Lennington and WILL Research Director Will Flanders write for the Milwaukee Journal Sentinel about racial data and how its presented in the Milwaukee Public School System.  Read More.

Fox News Online | Federal court delivers major blow to Biden's radical equity agenda

WILL Deputy Counsel Dan Lennington highlights his working ending Biden’s radical equality agenda.  Read More.

Fox News Online | Small businesses sue Biden administration over federal agency 'picking winners and losers' based on race

Fox News Online reports on WILL’s eigth lawsuit against the Biden Administration, challenging a new discriminatory federal agency.  Read More.

American Mind | Segregation Forever

WILL Deputy Counsel, Dan Lennington, and Associate Counsel, Cory Brewer, write in American Mind about how the Biden Administration urges states to impose race-based practices in schools.  Read More.

The Federalist | How Corporations Launder Their Race Discrimination Through Third Parties

WILL Deputy Counsel, Dan Lennington, writes in The Federalist that corporations are free to pursue ‘woke’ policies, but there is no justice in laundering intentional race discrimination through third parties.  Read More.

National Review | Biden's Student Loan Action is Obviously Unconstitutional, So Why Can't Anyone Stop It?

WILL President and General Counsel, Rick Esenberg, and Deputy Counsel, Dan Lennington, write in National Review about the Biden Administration’s plan to forgive student loan debt and why it’s concerning.  Read More.

The Federalist | Another Racist Biden Program Looks To Help Anyone But Whites

WILL President and General Counsel, Rick Esenberg, and Deputy Counsel, Dan Lennington, write in The Federalist that the Constitution broadly forbids race discrimination by the government.  Read More.

The Federalist | Gun Owners Are Racist, According To Academics Using Bad Science

WILL Deputy Counsel, Dan Lennington, and Research Director- Will Flanders, PhD- write in The Federalist how two recent studies portary a horrible narrative: that the reason white people own guns is because they are racist and fear black people.  Read More.

The American Mind | Who is a Person?

WILL Deputy Counsel, Dan Lennington, writes in The American Mind about how after the overruling of Roe v. Wade our country will have to answer an important question: what is a person?  Read More.

The American Mind | Woke Racism

WILL Deputy Counsel, Dan Lennington, highlights how large corporations may be running afoul of federal law with woke policies and programs.  Read More.

Wall Street Journal | Why I Sued Comcast for Discrimination

Indiana small business owner and WILL client, Christopher Moses, appears in the Wall Street Journal explaining why he is suing Comcast for race discrimination.  Read More.

National Review Online | Why We Must Fight the Biden Equity Agenda

Rick Esenberg and Dan Lennington write in National Review Online about recent legal successes challenging President Joe Biden’s equity agenda. Read More.

Wisconsin State Journal | Wisconsin homeowner aid program removes racial component after facing challenge

The Wisconsin State Journal reports on Governor Evers’ decision to remove racial classifications from a grant program after a WILL letter. Read More.

The Federalist | Christian University Bans Professor From Campus For Critiquing Its Dive Into ‘Equity’ And ‘Inclusion’

Joy Pullman at The Federalist dives into the case of Dr. Schulz’s suspension from Concordia Univeristy. Read More.

Fox News | Dan Lennington Talks Race Discrimination in Health Care

WILL Deputy Counsel, Dan Lennington, discussed WILL’s letter to SSM Health. Watch here.

Podcast | PART 1 of Rescuing and Defending Equality

WILL Deputy Counsel, Dan Lennington, discusses the Equality Under the Law Project on the Prosperity 101 podcast. Listen here.

PODCAST | Part 2 of Rescuing and Defending Equality

WILL Deputy Counsel, Dan Lennington, discusses the Equality Under the Law Project on the Prosperity 101 podcast.  Listen here.

National Review | The Race-Marxists Finally Went Too Far

Mario Loyola highlights WILL’s recent role in fighting for equality under the law in the courts.  Read More

The Federalist | Your Race Might Determine Whether You Get Lifesaving Medical Care

WILL Deputy Counsel, Dan Lennington, explains how concepts of ‘health equity’ may be changing health care in America.  Read More


WILL Policy Intern, Miranda Spindt, explains how CRT concepts would have hurt her education and development.  Read More

Washington Times | No person of color is well-served by removing the need to compete

WILL Bradley Freedom Fellow, Shannon Whitworth, writes in the Washington Times on a recent demand from a social justice group in Dallas that white people refrain from sending their children to elite colleges.  Read More

RealClearEducation| Why Critical Race Theory Harms the Black Community

Bill Brewer of Slinger, Wisconsin writes in support of curriculum transparency legislation as he and other community members try to root out Critical Race Theory in their schools. Read More

The Federalist | The ACLU Has It Backward: Schools Should Worry About Being Sued For Teaching Critical Race Theory

WILL President and General Counsel, Rick Esenberg, writes in The Federalist on the legal danger to schools if they teach certain CRT concepts. Read More

National Review | The Racialized ‘Equity’ Agenda in Biden’s Infrastructure Bill

WILL Deputy Counsel, Dan Lennington, writes in National Review on the concerning ‘equity’ agenda in the new bipartisan infrastructure bill. Read More

WILL Launches Equality Under the Law Project

WILL President and General Counsel, Rick Esenberg, and Deputy Counsel, Dan Lennington, discuss the launch of Equality Under the Law Project. Watch

The Federalist: The Biden Administration Banned Me From COVID Relief Because I’m A White Man

WILL client and Tennessee restaurant owner, Tony Vitolo, tells his story about what is at stake in his lawsuit against the federal SBA.  Read More

Rick Esenberg and Adam Faust Update Tucker Carlson on Court Victory

WILL President, Rick Esenberg, and Wisconsin dairy farmer, Adam Faust, update Tucker Carlson on WILL’s recent court victory in Faust v. Vilsack.  Watch the Interview

National Review: The Biden Administration’s Threat to Equality under the Law

WILL Deputy Counsel, Dan Lennington, writes in National Review on the critical importance of fighting back against the Biden administration’s racial equity agenda.  Read More

RealClearEducation: Critical Race Theory Has No Place in Our Schools

Rick Esenberg and Dan Lennington highlight the legal and moral danger of new Department of Education policies pushing Critical Race Theory in public schools.  Read More

USA TODAY: Joe Biden's COVID debt relief for farms doesn't apply to white farmers. That's wrong.

WILL Bradley Freedom Fellow, Shannon Whitworth, and Wisconsin farmer Christopher Baird explain my new racial discrimination cannot be the answer to historical racial discrimination.   Read More

WSJ Editorial: Stopping Racial Bias in Covid Relief

WSJ editorial board highlight’s WILL’s recent court victory in fight against racial discrmination in federal COVID aid to restaurants.   Read More

Glenn Beck: Dan Lennington and Adam Faust Talk Lawsuit Against USDA

Deputy Counsel, Dan Lennington, and Wisconsin farmer, Adam Faust, join Glenn Beck’s radio program to discuss the lawsuit against race discrimination in a farmer loan forgiveness program.  Watch here.

American Mind: How President Biden Stands The American Idea on its Head

Rick Esenberg writes in The American Mind on President Biden’s decision to cancel an executive order that forbid federal agencies from teaching racial or sexual stereotyping.  Read More

Rick Esenberg and Adam Faust Join Tucker Carlson Tonight

Rick Esenberg and Wisconsin dairy farmer, Adam Faust, explain WILL’s lawsuit against the USDA for race discrimination.  Watch the interview.

Cap Times: Wisconsin's race-based scholarships amount to state-sponsored race discrimination

Rick Esenberg and Dan Lennington write in the Cap Times on the race discrimatination in Wisconsin scholarships.  Read More

National Review: Why 'Equity' is a Bad Fit for our Legal System

WILL President and General Counsel, Rick Esenberg, writes in National Review Online on the attempt to insert equity into American law.  Read More

The Federalist: Madison's Racial Discrimination is Not Progress

Dan Lennington writes in The Federalist on the City of Madison’s attempt to place use racial discrimination to determine eligibility for a Police Oversight Board.  Read More