The News: WILL has won a preliminary injunction on behalf of several clients, challenging the Biden Administration’s racially discriminatory Minority Business Development Agency programming—a cornerstone of the Administration’s so-called “racial equity agenda.” 

 

The Quotes: WILL President and General Counsel, Rick Esenberg, stated: “The federal court declared what we know is the law and the right thing: the government may not discriminate based on race. Without equality, our other rights mean little if anything at all. WILL is committed to preserving that fundamental principle and our fight is far from over.” 

 

WILL Associate Counsel, Cara Tolliver, stated: “It is repugnant to human dignity to presume a diminished ability or inability to succeed, or to grant or deny a benefit, on the basis of race. The Biden Administration’s MBDA offers no constitutional justification for its broad race-based program. WILL will continue to vindicate basic notions of human dignity embraced in the doctrine of equality.” 

 

WILL Client, Jeff Nuziard, stated: “The government cannot discriminate against its citizens on the basis of race. That’s the general guarantee established in our Constitution, and this ruling reaffirms it. I am grateful to WILL for fighting for equality under the law and fair treatment of all small businesses in America.” 

 

The Ruling & Lawsuit: The opinion, issued last night by a federal judge in the Northern District of Texas, reaffirms that “[t]he Constitution demands equal treatment under the law” and that a program that employs race-conscious measures for eligibility must meet strict standards for justification to survive constitutional scrutiny. WILL’s groundbreaking legal victory comes just days after we secured a preliminary injunction in federal court regarding the ATF’s pistol brace rule. 

 

WILL’s lawsuit challenged the constitutionality of the MBDA’s Business Center Program, including the government’s justification for its preferential treatment of small businesses owned or controlled by socially and economically disadvantaged individuals under federal law. It was the 8th lawsuit our organization has filed against the Biden Administration. 

 

Additional Background: On November 15, 2021, President Biden signed the Infrastructure Investment and Jobs Act (“Infrastructure Act”), creating the newest federal agency: the Minority Business Development Agency. This agency is dedicated entirely to providing benefits and programming only to certain businesses based on race or ethnicity.