New legislation introduced after recent Supreme Court rulings seeks to permanently bar federal agencies from awarding contracts or grants based on race or sex.
By yourNEWS Media Newsroom
A growing effort in Congress to dismantle race-based preferences in federal contracting is gaining momentum following recent Supreme Court rulings limiting the use of race in government decision-making, with Republican lawmakers now targeting diversity-focused procurement programs embedded across federal agencies.
The renewed push follows landmark Supreme Court decisions restricting the use of race in congressional redistricting and striking down race-conscious college admissions policies, developments that lawmakers say have opened the door to broader constitutional challenges involving federal spending and contracting programs.
According to Just the News, several Republican lawmakers and legal advocates now believe longstanding diversity-focused procurement rules may also violate constitutional equal protection standards.
Rep. Glenn Grothman and Sen. Mike Lee recently introduced the Ending Discrimination in Government Contracting Act, legislation intended to prohibit federal agencies from awarding contracts or grants using racial or gender preferences.
The legislation would eliminate contracting quotas, diversity mandates, and programs that give preference to businesses based on the race or sex of owners. It would also repeal several federal DEI-related contracting programs and bar agencies from reinstating similar rules in the future.
Grothman said the legislation is intended to ensure government procurement decisions focus solely on qualifications and cost efficiency.
“Who does the job best? Who does the job at the lowest bid?” Grothman said.
He also argued that race-based subcontracting requirements have increased federal spending costs.
“Let me tell you a story that hasn’t been out there,” Grothman said. “I have had people, three different people who would know, in my district, who talk about the federal government overpaying on products, overpaying on services.”
“A 30% bonus is not unusual on subcontracting for the right race or the right gender, and that’s got to end,” he added.
Among the programs facing scrutiny is the Minority Business Development Agency, which states on its official website that it helped minority-owned businesses secure $3.8 billion in contracts during 2023.
The Biden administration also launched a 2023 initiative through the Small Business Administration and the General Services Administration aimed at increasing federal contracting opportunities for minority-owned businesses in pursuit of what officials described as procurement “equity.”
The effort by Grothman and Lee aligns with broader actions taken by President Donald Trump, whose administration has moved aggressively to dismantle diversity, equity, and inclusion policies throughout the federal government.
Earlier this year, Trump signed an executive order directing agencies to eliminate DEI-related discrimination involving federal contractors.
Grothman said lawmakers are seeking permanent statutory changes to prevent future administrations from restoring such programs.
“These DEI people are going to be back in a heartbeat if a Democrat ever takes over the presidency,” Grothman said. “Right now, these rules are in statute. President Trump is thankfully ignoring the statute.”
Former White House press secretary Sean Spicer said recent court decisions could pave the way for additional constitutional challenges involving race-based government programs.
“At some point, you have to ask yourself: Do those remedies still need to exist?” Spicer said during an interview on the John Solomon Reports podcast.
“In other words, are we now committing the same, are we creating the same problem that we sought to address?”
Jonathan Turley similarly argued that courts are moving toward stricter opposition to race-based government policies.
“We are moving into a new era where racial criteria and discrimination are neither rationalized nor tolerated,” Turley wrote on X.
The United States Department of Justice has already launched legal challenges targeting DEI-linked practices and race-conscious benefit programs.
Assistant Attorney General Harmeet Dhillon said the department has pressured jurisdictions over race-based loan forgiveness programs and government benefits.
“I have threatened jurisdictions over that very issue. We have sued jurisdictions that have race-based loan forgiveness programs and allocation of assets,” Dhillon said.
She cited disputes involving Asheville and Rhode Island, where local and state programs allegedly prioritized minorities over white applicants.
“You know hiring cannot be done on the basis of race in our country,” Dhillon said. “He’s given us a mandate to wipe out DEI and that includes racist affirmative action programs throughout the country, wherever the federal government touches them.”
The legislation introduced by Grothman and Lee would also repeal DEI preferences tied to Department of Transportation grants, eliminate certain race-based federal reporting requirements for small businesses, and direct agencies to rescind regulations granting preferential treatment based on race or sex.
Supporters argue the measure would align federal contracting law with recent Supreme Court precedent, while opponents contend the changes could weaken efforts intended to expand opportunities for historically disadvantaged businesses.
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