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.

Critical Race Theory

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. This theory, called Critical Race Theory, is invading our schools, workplaces, and government programs like a virus.



Since January 2021, WILL has represented 40 clients from 16 states who are standing up for equality under law.

Open Case

Small Business Owners Sue Comcast for Racial Discrimination

WILL represents four small business owners in a federal lawsuit against Comcast Cable Communications for developing and implementing a small business program that excludes them on the basis of their race.

Filed: April 2022

Demand Letter

WILL to Cedarburg SCHOOLS: State Can't Force CRT in Curriculum

WILL ssued a letter to the Cedarburg School District making clear that the district is not legally required to adopt Critical Race Theory concepts in their curriculum, nor can the Wisconsin Department of Instruction (DPI) legally mandate the school district to adopt Critical Race Theory concepts.

Sent: March 2022

Demand Letter


WILL issued a letter to Elmbrook Schools Superintendent, Dr. Mark Hansen, warning the district that federal and state nondiscrimination law applies to all people and all students.

Sent: March 2022

WILL Victory

WILL Takes Equality Fight to U.S. Supreme Court

The United States Supreme Court issued a 7-2 decision reversing the Wisconsin Supreme Court’s selection of Governor Tony Evers’s legislative maps. WILL joined an appeal by the Wisconsin Legislature arguing the maps submitted by Governor Evers are a racial gerrymander that violates the Constitution’s equal protection guarantees.

Filed: March 2022

Demand Letter


A Concordia University professor was suspended in the wake of an opinion piece that critcized the ‘woke’ direction of the university. WILL is representing Rev. Dr. Greg Schulz  and issued letter to the administration to determine why he was suspended and whether it violates his contract.

Filed: February 2022

Demand Letter

WILL Urges Health System to Drop Race Discrimination in COVID Treatments

WILL issued a letter to SSM Health warning the healthcare provider that it is illegal to distribute COVID-19 therapeutics on the basis of race. SSM Health sent an email to its Wisconsin physicians with a “risk scoring calculator” that includes preferential treatment based on race for the distribution of COVID-19 therapeutics.

Filed: January 2022

Demand Letter

Gov. Evers Removes Racial Classifications After WILL Letter

The final plan for a federally-funded housing assistance program, administered and designed by Governor Tony Evers’ administration, removed illegal racial classifications and eligibility categories identified in a January letter from WILL attorneys.

Filed: January 2022

Demand Letter

WILL Warns UW-Madison Against Race Discrimination


WILL issued a letter to University of Wisconsin System President, Tommy Thompson, and University of Wisconsin- Madison, Rebecca Blank, warning the leaders that recently hired mental health counselors cannot be assigned to serve only non-white students.

Filed: October 2021

Demand Letter

WILL vindicates rights of anti-CRT school board recall organizers


WILL issued a letter to the City of Mequon after recall organizers raised concerns when Mequon police officers demanded that recall petitioners stop displaying a sign advertising their efforts on public property.

Filed: August 2021

Open Letter

Schools Do Not Have to Teach Critical Race Theory

WILL letter explains why the ACLU is not only wrong in its interpretation of state law, but explains exactly why the advocacy of Critical Race Theory concepts and ideologies in K-12 education can and should be restricted if they create a hostile environment based on race.

July 2021

Open Case

Blaska v. City of Madison

WILL filed a federal lawsuit in the Western District of Wisconsin against the City of Madison after the City established a Police Civilian Oversight Board that imposes unconstitutional racial quotas.

Filed: July 2021

Demand Letter

Racial Segregation in Sun Prairie


WILL issued a letter to the Sun Prairie Area School District (SPASD) and the City of Sun Prairie urging the government bodies to drop the use of racially segregated “affinity groups” for a public community conversation.

Sent: June 2021

Public Comment

Critical Race Theory Is Wrong For Public Schools


WILL submitted public comment to the United States Department of Education against the adoption of a proposed grant program to prioritize Critical Race Theory in federally funded American History and Civics Education.

Filed: May 2021


Public School Curriculum Transparency

Curriculum transparency legislation would arm parents and taxpayers with the ability to access and review controversial curriculum material in public schools.

May 2021

WILL Victory

Vitolo V. GUZMAN

A federal lawsuit filed on behalf of a Tennessee restaurant owner against the United States Small Business Administration (SBA) over race and gender discrimination in the administration of the Restaurant Revitalization Fund, a $28.6 billion program authorized by the American Rescue Plan Act (ARPA).

Filed: May 2021

WILL Victory



A federal lawsuit challenging the unconstitutional race discrimination in the American Rescue Plan’s provision to offer loan forgiveness based on racial categories. WILL represents five farmers from four states who would be eligible for the federal government’s loan forgiveness program, but for their race.

Filed: April 2021

Demand Letter

More Segregation In Madison Schools

WILL issued a letter to Madison Metropolitan School District (MMSD) Superintendent, Dr. Carlton Jenkins, urging the school district to address the racial segregation employed at Madison West High School for Zoom conversations on current events. 

Letter Sent: April 2021

Open Case

Lawsuit Against Race-Based Scholarships


The eligibility categories in the Minority Undergraduate Retention Program amount to discrimination based on race, national origin, and alienage, a practice clearly forbidden by the Wisconsin Constitution.

Filed: April 2021


WILL Launches Equality Under the Law Project


WILL announced the creation of a new litigation center, The Equality Under the Law Project, to challenge unconstitutional race discrimination, quotas, and Critical Race Theory.


The American Mind | A Little Racism, As a Treat?

WILL Deputy Counsel, Dan Lennington, writes in The American Mind on the danger of ideas that endorse some form of racial discrimination to address racial disparities.  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