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.”
David Nelson, Chief Strategist at Belpointe, joins Cheddar News' Closing Bell, where he says that Wednesday's market movement shows a rotation back into the industries that were hit hard in January, but says his eyes are firmly fixed on the January CPI data set to be released Thursday.
Russia is preparing alongside Belarus for reportedly one of the largest joint military exercises ever held. Some analysts are concerned this could be a disguise for a real attack, while the Kremlin contends that the exercise is meant to confront potential "unprecedented security threats." Christian Whiton, a former State Department senior advisor, joined Cheddar News to break down the still tense situation. "While it could of course be a prelude to invasion, it seems like the Biden administration is signaling that if you look at Europeans, the Germans and Macron … who just met with Putin, they seem to be thinking that maybe this is a show of force by Russia intended at political intimidation, not actual invasion," said Whiton.
Truckers in Canada have blockaded the Ambassador Bridge, the busiest border crossing between Canada and the U.S. protesting a COVID-19 vaccine mandate. Cheddar News spoke with Samir Kapadia, head of trade practice at the Vogal Group, about how this impacts trade between the two countries.
New York City is not only dealing with the ongoing pandemic, it’s also facing a surge in crime. President Biden recently traveled to New York to meet with the city’s new mayor, Eric Adams, to discuss the rise in crime and gun violence.
The president praised Mayor Adams' crimefighting agenda and unveiled a new federal initiative to curb the flow of illegal weapons from the south. Josefa Velásquez, Senior Reporter for THE CITY, joined Cheddar's Fast Forward to talk about how the mayor is battling this increase in crime in his first weeks in office.
The Democratic governors of New Jersey, Connecticut, Delaware, and Oregon say they will lift mask requirements for schools in the coming weeks, reflecting a nationwide shift away from restrictions. Cheddar News speaks with internist Dr. Vivek Cherian whether it's safe to relax the regulation.
Amazon warehouse workers in Alabama are set to begin voting to unionize for a second time after workers at the facility in the town of Bessemer overwhelmingly voted against forming a union during an election early last year; but in November, the National Labor Relations Board overturned the vote, upholding a union challenge of the results which argued that Amazon undermined the conditions for a fair election. Another round of ballots will now be mailed out to works at the warehouse for a so-called re-run election. Director of Labor and Employment Studies at San Francisco State University John Logan and National Field Director for Our Revolution Mike Oles joined Cheddar News' Closing Bell to discuss.
David Daley, author of the book 'Unrigged: How Americans Are Battling Back to Save Democracy,' joins Cheddar News to discuss redistricting battles taking place across the U.S.
