by Marc H. Morial
<TriceEdneyWire.com> — “An elective despotism was not the government we fought for; but one in which the powers of government should be so divided and balanced among the several bodies of magistracy as that no one could transcend their legal limits without being effectually checked and restrained by the others” — Thomas Jefferson.
The foundational principle of the United States Constitution is the separation of powers, commonly described as ‘checks and balances.’ The authority of each of the three branches of government is limited by the other two.
While previous administrations have pushed the boundaries of those limits, no administration in modern American history has tried to disregard them as thoroughly and wantonly as the current one. The New York Times is keeping a running list of examples.
If allowed to stand, the administration’s anti-equity executive orders would hamstring the National Urban League’s ability to advance fair housing, equal employment, financial opportunity, health care access, and the rest of our empowerment agenda.
But even more critically, the orders represent a violation of the First Amendment right to free speech, by censoring and chilling views on diversity, equity, inclusion, and accessibility. Because the orders are vague as to what is and is not prohibited, they represent a violation of the Fifth Amendment right to due process. And because the orders discriminate against people of color, women, and LGBTQ+ people, they represent a violation of the Fifth Amendment’s guarantee of equal protection.
And so we are asking the judicial branch to exercise its constitutional duty to check the power of the executive branch. This week, the National Urban League filed a federal lawsuit challenging three of those orders. Represented by the Legal Defense Fund and Lambda Legal, we are joined in the lawsuit by these co-plaintiffs: the National Fair Housing Alliance, and the AIDS Foundation of Chicago.
Key to our complaint is the administration’s wildly false assertion “that DEIA programs and activities are illegal and inconsistent with merit, hard work, and standards of excellence.”
This misconception is the big lie behind the extremist anti-equity movement, which is nothing more than a desperate scramble to protect and preserve White, male advantage.
The day after Inauguration Day, the National Urban League launched the Demand Diversity Roundtable to combat the disinformation campaign aimed at undermining the principles of DEI.
Make no mistake: disinformation is the only hope the anti-equity movement has of succeeding, because the vast majority of Americans support diversity initiatives and understand their positive impact. Multiple studies show that companies with diverse leadership teams tend to have higher profitability, better innovation, and improved decision-making.
Only by amplifying what LDF President/Director-Counsel Janai Nelson called “inaccurate, dehumanizing, and divisive rhetoric” can the Trump administration advance its anti-equity, anti-diversity agenda. We are hopeful that the court will act quickly. As Nelson added: “So the arduous work of advancing and sustaining our multiracial democracy can continue without unlawful interference from the Trump administration.”
