DEI’s new stages of maturation have now proven its unconstitutionality to be a real danger, and in so doing offered the courts that much greater a justification for its end.
Frenchman Jean-Baptiste Alphonse Karr coined the phrase, “The more things change, the more they stay the same.” There is a truism here involving Democrats.
America is changing dramatically under President Donald Trump, but Democrats’ lawfare strategy remains the same. I suspect it will fare as badly in the future as it did in the past.
One of their over 60 lawsuits has piqued my interest. It challenges Trump’s executive orders ending Diversity, Equity, and Inclusion (DEI) and Diversity, Equity, Inclusion, Accessibility (DEIA), and Affirmative Action (AA) in federal programs. The implications of these orders may change the landscape in every sector of America.
A hodgepodge of leftist organizations were behind this lawsuit: the National Association of Diversity Officers in Higher Education, the American Association of University Professors, Restaurant Opportunities Centers United, and the Mayor and City Council of Baltimore.
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According to the plaintiffs, the executive orders “Ending Radical and Wasteful Government DEI Programs” and “Ending Illegal Discrimination and Restoring Merit-Based Opportunity”) somehow violate their free speech and due process rights by halting the gravy train that helped feed their billion-dollar industry.
While they look for ways to rebrand their style of discrimination as a constitutional right, the noble plaintiffs asked for declaratory and injunctive relief.
Delay, delay, delay seems to be the end goal of this lawsuit. I don’t believe this strategy will be effective because when these cases are heard, it will be in an environment of heightened alarm over DEI. Less than two years ago, America cheered when the Supreme Court rightly saw affirmative action as a discriminatory gatekeeper to higher education. Now, the worry concerns life-or-death matters: the critical area of aviation.
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Thus far in 2025, there have been 87 aviation accidents resulting in 84 deaths, per USA Today. National worry turned to scrutiny, and conservative media correlated this new trend of tragedy with Obama/Biden Federal Aviation Administration (FAA) DEI policies.
The FAA not only sought to increase the number of racial and gender minorities, it also sought people with special targeted disabilities: “hearing, vision, missing extremities, partial paralysis, complete paralysis, epilepsy, severe intellectual disability, psychiatric disability and dwarfism.”
DEI’s new stages of maturation have now proven its unconstitutionality to be a real danger, and in so doing offered the courts that much greater a justification for its end.
The lawfare against DEI and AA should also fail for some of the same reasons I elaborated in my co-authored book from 2023, “The Adversity of Diversity: How the Supreme Court’s Decision to Remove Race from College Admissions Will Doom Diversity Programs.“ Affirmative action and DEI often violate the Civil Rights Act of 1964 and the equal protection clause of the 14th Amendment, which both already prohibit discrimination on account of race, color, national origin, sex and religion. The long-awaited death of AA and DEI will return us to a healthy colorblindness under the law.
Democratic strategists will soon see that what seemed true to Jean-Baptiste Alphonse Karr does not hold sway over America’s trajectory as a nation. Things will change and the only thing that may remain the same is the Democrat’s failing strategy of lawfare.
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