Agovernment agency created five decades ago to boost the fortunes of minority-owned businesses discriminated against whites and must now serve all business owners, regardless of race, a federal judge in Texas ruled Tuesday.
Siding with white business owners who sued the Minority Business Development Agency for discrimination, Judge Mark T. Pittman of the U.S. District Court for the Northern District of Texas said the agency’s mission to help disadvantaged businesses owned by Black, Hispanic and other racial and ethnic groups gain access to capital and contracts violates the rights of all Americans to receive equal protection under the constitution.
“If courts mean what they say when they ascribe supreme importance to constitutional rights, the federal government may not flagrantly violate such rights with impunity. The MBDA has done so for years. Time’s up,” Pittman, who was named to the federal bench by former President Donald Trump, wrote in a 93-page decision.
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Pittman directed the Nixon-era agency to overhaul its programs in a potential blow to other government efforts that cater to historically disadvantaged racial and ethnic groups.
The ruling marks a major development in the broader legal skirmish over diversity, equity and inclusion that is likely to fuel a re-energized conservative movement intent on abolishing affirmative action in the public and private sectors.
Last summer’s Supreme Court decision on race-conscious college admissions has increased scrutiny of government programs that operate based on a presumption of social or economic disadvantage.