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.”
The House Select Committee investigating the Jan. 6 riots on Capitol Hill held its first primetime hearing on Thursday. Cheddar News speaks with legal analyst Tracy Pearson, who breaks down the biggest takeaways.
Fuel and oil prices have risen almost 17 percent since May, making the national gas prices reach nearly $5 a gallon. Andrew Lipow from consulting firm Lipow Oil Associates joined Cheddar News to discuss the future of gas prices. "The biggest issue on the oil market is really events that are beyond our control, which is what is happening over in Europe," he said, regarding the ongoing Russia Ukraine war. Lipow also said he predicted gas prices to hit $5.05 and that he's focused on the Biden administration's overtures in repairing a relationship with Saudi Arabia.
March For Our Lives will be returning this weekend to Washington, DC, in the wake of the recent mass shooting seen throughout the country. Marchers include Yolanda Renee King, the only granddaughter of Martin Luther King Jr. She joined Cheddar News to discuss the importance of the march and activism in general. "I just think that it's so important to have these rallies because we need to demand to our leaders and politicians that they pass legislation and that and we actually need to see action," she said.
Erika Alexander and Whitney Dow, directors of 'The Big Payback,' join Cheddar News to discuss their new film, 'The Big Payback.' It premieres Saturday, June 11 at the Tribeca Festival.
President Biden proposed a new rule that would add 500,000 chargers for electric vehicles nationwide. The proposal comes amid the rapid shift to EVs with dozens of automakers announcing plans for all-electric fleets within the next decade. But with the new surge will the U.S. have the proper infrastructure to keep up? Scott Painter, founder and CEO of Autonomy.com joined Cheddar's Opening Bell to discuss. "I really think the idea of standardization is a big deal. Standardization certainly makes it much better for everybody to be able to get a charge when they need one," he said.
The House select committee investigating the January 6th riots on Capitol Hill is opening its landmark series of public hearings. Cheddar News speaks with Mike Sozan, senior fellow at the Center for American Progress who explains how to follow the hearings and what to expect.
Claudia Rosenbaum, freelance reporter for Vanity Fair, joins Cheddar Politics to discuss the race for Los Angeles mayor.
Rick Caruso, a billionaire real estate developer, forced a runoff with the longtime Democratic Rep. Karen Bass, who had been the favorite in the race until an ad blitz from Caruso leaning on the city's issues with crime and homelessness.
Survivors of Larry Nassar, including Olympian Simone Biles, are seeking $1 billion in damages from the FBI due to its failure to investigate the former gymnastics team doctor convicted of committing years of serial sexual abuse of minors. Jack Queen, a senior reporter at Law360, joined Cheddar News to break down the legal grounds of this case. "This is one of the biggest black eyes that the Bureau has faced in generations, quite frankly, and the FBI has taken full responsibility and admitted that it completely botched this investigation," he said. "So, there's a lot of pressure to settle."
