DEI’s Achilles’ Heel

The U.S. government’s nonsensical racial-classification system makes a hash of attempts to use the state to benefit underprivileged groups — and courts are increasingly noticing.

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Young protesters march for justice system reform and equity in education in Portland, Ore., August 1, 2020.

Caitlin Ochs/Reuters

Whom is DEI supposed to help and why? This shouldn’t be a trick question, but those responsible for pushing “diversity, equity, and inclusion” haven’t thought much about the answer. And, as it turns out, this may be a fatal legal flaw for DEI programs nationwide.

Since 2020, DEI-inspired programs have exploded. Policy-makers have redistributed billions to minorities in the name of “equity”; schools have launched race-based discipline policies, academic reforms, and scholarships; and woke corporations have spent billions in grants, loans, contracts, and even jobs reserved for members of minorities. These policies rely on one central dogma: Racial minorities are all “disadvantaged,” “marginalized,” or “underrepresented,” and, through special treatment and preferences, historical wrongs can be righted.

Dan Lennington

About the Author

Dan Lennington

Dan Lennington serves as Vice President & Deputy Counsel at the Wisconsin Institute for Law & Liberty. He is a former federal prosecutor who also teaches Civil Rights Litigation at the University of Wisconsin School of Law.

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