This July 21, 2012, file photo, shows the exterior of the U.S. Courthouse for the 11th U.S. Circuit Court of Appeals in Atlanta. (AP Photo/Mike Stewart, File)
By Alexandra Olson
A grant program for businesses run by Black women was temporarily blocked by a federal appeals court in a case epitomizing the escalating battle over corporate diversity policies.
The 2-1 decision by the Atlanta-based 11th U.S. Circuit Court of Appeals temporarily prevents the Fearless Fund from running the Strivers Grant Contest, which awards $20,000 to businesses that are at least 51% owned by Black women, among other requirements.
In a statement Sunday, the Atlanta-based Fearless Fund said it would comply with the order but remained confident of ultimately prevailing in the lawsuit. The case was brought by the American Alliance for Equal Rights, a group run by conservative activist Edward Blum, who argues that the fund violates a section of the Civil Rights Act of 1866, which prohibits racial discrimination in contracts. “We strongly disagree with the decision and remain resolute in our mission and commitment to address the unacceptable disparities that exist for Black women and other women of color in the venture capital space,” the Fearless Fund said.
The order, issued Saturday, reversed a ruling Tuesday by U.S. District Judge Thomas W. Thrash which denied the American Alliance's request to halt the program. The majority on the three-judge panel wrote that the Fearless Fund's program's is “racially exclusionary” and that Blum's group is likely to prevail.
“The members of the American Alliance for Equal Rights are gratified that the 11th Circuit has recognized the likelihood that the Fearless Strivers Grant Contest is illegal,” Blum said in a statement. “We look forward to the final resolution of this lawsuit.”
In his dissent, Judge Charles R. Wilson said it was a “perversion of Congressional intent” to use the 1866 act against the Fearless Fund's program, given that the Reconstruction-era law was intended to protect Black people from economic exclusion. Wilson said the lawsuit was unlikely to succeed.
The case has become a test case as the battle over racial considerations shifts to the workplace following the U.S. Supreme Court’s June ruling ending affirmative action in college admissions.
The grant contest is among several programs run by the Fearless Fund, which was established to bridge the gap in funding access for Black female entrepreneurs, who receive less than 1% of venture capital funding. To be eligible for the grants, a business must be at least 51% owned by a Black woman, among other qualifications.
The Fearless Fund has enlisted prominent civil rights lawyers, including Ben Crump, to defend against the lawsuit. The attorneys have argued that the grants are not contracts, but donations protected by the First Amendment.
In its majority opinion, the appellate panel disagreed, writing that the First Amendment “does not give the defendants the right to exclude persons from a contractual regime based on their race.”
Tensions in Ukraine continue to rise. According to NATO and U.S. officials, Russian troops are still being built up despite Moscow's claims of de-escalation. However, Ukraine does not believe the troops are enough to mount an invasion. The government in Kyiv has also reported several cyber attacks against its defense agencies and banks which is the largest attack in the country's history. Foreign Affairs Reporter based in Ukrain, Terrell Starr, joined Cheddar to discuss more
A Senate bill unveiled on Wednesday looks to tackleonline safety for children by regulating Big Tech and social media platforms to deter users from content that can harm their mental health. Irene Ly, a policy counsel for the age-based ratings and review organization Common Sense Media, joined Cheddar News to break down the potential of the Kids Online Safety Act. "We can't be imposing such a big burden on parents to be doing it all on theirselves," Ly said. "I think you also have to keep in mind that parents often didn't grow up with social media, so they don't understand what it's like to be addicted to social media or really understand how they work."
The Federal Reserve minutes from its January meeting are indicating it's sticking to an interest rate hike in March, but what does the report coupled with ongoing inflation mean for investors going forward? Scott Brown, a market strategist at LPL Financial, joined Cheddar News to break down the minutes and talk about how investors might navigate the rest of the year. "it seems like the market is kind of inclined to trade off these headlines, really, through the first half of the year," he said. "And then, oh, don't forget, we've got midterm elections, which always tend to add a little bit of volatility in the second half of the year." Brown noted that the path forward for stock investors in 2022 would be "rockier" than last year.
Senators Richard Blumenthal (D-Conn.) and Marsha Blackburn (R-Tenn.) have introduced a new bill to afford greater protection to minors on social media. The genesis of the Kids Online Safety Act came from a Facebook whistleblower case exposing the harm apps can have on the mental health of young girls.
The Chinese government brought the sitcom "Friends" back to its streaming services. However, it had instances of LGBTQ+ references left out, after the series had been banned on Chinese streaming platforms for years.
Prime Minister Justin Trudeau declared a national public order emergency as a 'last resort' to restore order after protests have significantly disrupted daily life and impacted the local economy since the protests began. It is the first time in 50 years a Canadian government has taken this type of action. Myah Ward, breaking news reporter at Politico, joins Cheddar News to discuss.
Almost a decade after facing a parent's worst nightmare, the families of the young students killed in the Sandy Hook School shooting reached a settlement with gun manufacturer Remington, makers of the Bushmaster AR-15 used in the crime. David Pucino, deputy chief counsel, Giffords Law Center to Prevent Gun Violence joined Cheddar News to discuss the families' case and how its strategy brought about the legal settlement. "They built a really great case showing the way that Bushmaster developed its advertising to drive sales using those toxic messages.
A new analysis reveals that for more than two decades, the West has been the driest it has ever been since 800 A.D. The drought which began in 2000 has brought more devastating wildfires and draining water reserves well below healthy levels. Climate Scientists and Adjunct Associate Research Scientist at Lamont Doherty Earth Observatory at Columbia University,Benjamin Cook, joined Cheddar to discuss more.
