https://www.nationalreview.com/2022/05/bidens-racial-preferences-gone-wild/
Despite a century of Supreme Court decisions that forbid discriminating on the basis of race, 140 federal agencies plan to do just that.
In April, the Biden administration powerfully signaled that it will not be constrained by the Constitution or federal law as it implements its “whole-of-government” executive order to embed “diversity, equity, and inclusion” (DEI) in all aspects of federal-government policies and American lives.
In 2021 the administration amplified its initial executive order with a second order on DEI in the federal workforce, a government-wide strategic plan, and a Gender Equity Plan that paints a dystopian picture for American women and, like the administration’s other DEI plans, focuses on people of color and members of the LGBTQI+ community. The American Rescue Plan (ARP) and the infrastructure bill included billions to advance equitable outcomes for restaurant owners, farmers, small businesses, homeowners, and construction companies that are denied, depending on the program, to straight white males, other whites, and Asian Americans.
More than once, the Supreme Court has observed that “distinctions between citizens solely because of their ancestry are by their very nature odious to a free people” (e.g., Rice v. Cayetano [2000] and Hirabayashi v. United States [1943]). As Chief Justice John Roberts has noted, using racial discrimination to undo racial discrimination doesn’t work; rather, “the way to stop discrimination on the basis of race is to stop discriminating on the basis of race” (Parents Involved in Community Schools v. Seattle School District No. 1 [2007]). In Shaw v. Hunt (1996), the Court put it directly: “Racial classifications are antithetical to the Fourteenth Amendment.”
Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, and national origin in federally funded programs, and Title VII does the same in private employment. The Civil Rights Act of 1866 has been construed generally to prohibit the federal government from varying individual property and contract rights based on race or color. In Bostock v. Clayton County, the Supreme Court recently extended these protections to gender identification.