Opponents of affirmative action hoped that the Supreme Court had delivered a death blow to the controversial policy in 2023 when Chief Justice John Roberts declared for the court’s majority that “Eliminating racial discrimination means eliminating all of it.”
But as sweeping as that pronouncement was, it came in a ruling in the landmark SFFA v. Harvard case, solely barring the use of racial preferences in college admissions. The practices that the court deemed illegal on campus have persisted elsewhere, including in programs across the federal government.
A lawsuit now wending its way through the courts, Revier v. Loeffler, aims to change that. Building on the SFFA ruling, the suit’s plaintiffs are taking aim at regulations that they allege direct agencies to unconstitutionally dole out tens of billions of dollars in awards on the basis of race – most prominently through no-bid or limited competition contracts reserved for so-called “Small Disadvantaged Businesses” and facilitated by the Small Business Administration. The case could have wide implications, as the SBA’s definition of disadvantage has been widely adopted by many other federal agencies.
The lawsuit’s thrust parallels a slew of related executive orders, policies, and probes the Trump administration has advanced to purge diversity, equity, and inclusion (DEI) from the public and private sectors. A future president with different priorities, however, could reverse them. Consequently, absent legislation from a razor-thin Republican congressional majority, opponents of racial preferences believe the courts may offer the best opportunity to end such practices.
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