From DEI to Equal Protection: A New Direction in Civil Rights Policy

The Trump administration is restoring the core value of equal opportunity to civil rights enforcement. It is eviscerating the race-baiting, intersectional policies of the Biden and Obama administrations, and giving substance to the Supreme Court’s unanimous decision in Ames v. Ohio Department of Youth Services (2025) that whites, men, and heterosexuals are not held to a higher standard in discrimination cases...

Despite more than a century of Supreme Court decisions forbidding discrimination on the basis of race, Democrats generally, and progressives specifically, have inverted President John F. Kennedy’s executive order establishing affirmative action. Intended to bring an end to discrimination because of race, creed, color, and national origin, progressives instead transformed affirmative action into a system of preferences based on melanin content, and absorbed this once hopeful construct into radical philosophies used to justify bias, including Critical Race Theory (CRT), intersectionality, disparate impact theory, and ultimately DEI (diversity, equity and inclusion)...

Liberal Supreme Court justices bemoan the majority’s refusal to rule based on the intersectional hierarchy of so-called “marginalized” minorities, and Obama- and Biden-appointed federal judges enjoin proper exercises of executive power...

CRT originated in the 1970s as a tortured rationale advocating that colorblind laws inevitably serve the interests of white people.

Intersectionality has become a cornerstone of CRT. Developed principally by Columbia Law Professor Kimberlé Crenshaw, it utilizes a hierarchy of social oppression to allocate benefits and burdens, providing the doctrinal basis for DEI policies, transgender activism, and antisemitism. The latter shows the bankruptcy of the dogma: Despite hundreds of years of oppression, pogroms and the Holocaust, as a result of educational and business achievements, Jews are seen as powerful oppressors, while Palestinians and other Muslims are seen as marginalized minorities...

DEI is the fusion of these philosophies, a malevolent form of affirmative action that allocates benefits based on race, sex, and gender identity. To ensure pre-determined outcomes, progressive decisionmakers and courts have tampered with and eliminated entry exams, waived criminal background checks, and watered down academic, disciplinary, admissions, graduation, employment, and promotion standards...

Upon taking office for his second term, President Trump revoked Biden's executive orders impacting race, sex, and gender. He issued orders prohibiting DEI, other race-based programs, and disparate impact in federal government hiring, promotion, and contracting... He also ordered the Department of Education to take all appropriate action to keep biological men out of women’s sports...