DEI Refuses To Die

Authored by Kenin M. Spivak via RealClearPolitics,

Although the 14th Amendment to the U.S. Constitution and civil rights laws dating back to 1866 prohibit nearly all racial preferences, most Americans oppose these preferences, and Donald Trump was elected vowing to eliminate DEI (diversity, equity, and inclusion) - progressives won't give up.

Their race-obsessed thinking reduces America to intersectional classifications of oppressed and oppressor. This addled concept is a self-defeating dialectic in which no amount of progress on race relations is ever enough - or even acknowledged. Despite enormous advances, with the possible exception of Palestinians and transgender people, no group is seen as more oppressed and deserving of preferences than African Americans.

In 2025, President Trump issued executive orders that revoked President Biden's whole-of-government mandates interweaving DEI into all facets of the federal government. Since then, the Civil Rights Division of the Justice Department under Harmeet Dhillon has filed numerous administrative actions and lawsuits to end racial preferences that disadvantage whites, and some universities, corporations, and charities have limited their DEI programs. Conversely, many universities have defied the Supreme Court's 2023 holding in Students for Fair Admissions v. Harvard by renaming or reformulating their DEI programs. Some are using a loophole in the SFFA decision that acknowledged colleges may consider how an applicant's race affected his life.

In just the last three months, the Justice Department announced at least 25 investigations, lawsuits, and settlements involving allegedly unlawful racial preferences by the College of William & Mary, Duke University, a Jersey City college prep course, City University of New York (CUNY), the state of Minnesota, the city of Evanston, Illinois, Arizona State University, UC Davis Medical School, UC San Diego Medical School, and 15 other medical schools.

A State Department internal review announced last week found that the Biden administration required foreign service officers to read materials on critical race theory, slavery reparations, anti-racism, and so-called "white fragility." To be eligible for promotion, they had to discuss DEI with foreign counterparts to demonstrate "allyship." They were trained on how to talk about "Black Lives Matter" and "systemic racism" in foreign languages, and to use progressive-approved terminology. The State Department claims that it has finally "put an end" to these practices.

Then, last month, a federal judge in California ruled that the Departments of Homeland Security, Justice and Interior exceeded their authority by imposing conditions ending DEI in grants to California cities. Defending Education, an education watchdog, found that America's two leading teachers' unions, the National Education Association and American Federation of Teachers are embedding DEI principles into policies for classroom use of AI. Numerous companies, such as Apple, Microsoft, Costco, Delta, and Cisco, openly continue their DEI programs, and the pace of litigation shows that many other companies and institutions covertly do so.

In 1996, California stunned the nation when 55% of voters approved Proposition 209, which amended the state's constitution to prohibit public institutions from considering race, sex, or ethnicity in employment, contracting, and education. In 2020, Democrats unsuccessfully sought to repeal Prop 209. California next tried to require public companies to include blacks and other "underrepresented" minorities on their boards. The California courts struck that down. Now, California is moving toward authorizing reparations for its black residents.

A decade after ratification of the 14th Amendment, the Supreme Court declared that the purpose of the Equal Protection Clause is that "the law in the States shall be the same for the black as for the white; that all persons, whether colored or white, shall stand equal before the laws of the States." Progressives don't care.

On Real America's "Get Real," RealClear publisher David DesRosiers seeks common ground across the political spectrum. One progressive panelist recently explained that blacks require preferences because it's not "what you know" but "who you know." Whites know all the right people, but blacks do not. What a dated perspective. How patronizing of blacks. How wrong.

More than half of all blacks in major metropolitan areas live in the suburbs, and their children are educated in suburban schools. About 12% of the students in Ivy League colleges are black, even after SFFA. There are 61 black members in the House (14%), five black senators (5%), two Supreme Court justices (22%), and about 184 black federal judges (8%). Blacks comprise about 10% of first year medical school students, 8% of law school students, 2% of Fortune 500 corporate CEOs, and 13% of all Americans.

I am confident that most of these people know someone who can help them and their families, as do black professional athletes, artists, and actors, as well as more than 1,000 African-American mayors, 1,000 state legislators, 14 billionaires and about 1.4 million black millionaires.

While listening to the panelist, I thought about the middle-class neighborhood in Brooklyn where I grew up. My neighbors were policemen, firemen, teachers, and plumbers. Good people. Not one of them was in a position to help me in my career, or introduce me to someone who did. I made my way with hard work and some luck, but never with help from anyone I knew growing up. Of course, I received support from people I met along the way at Columbia University and during my career, as did my black colleagues. It's called "networking," not racism.

Yes, affluent people know more of the "right people" than poor people, and have other advantages as well. Children from poor and low-income families typically face many obstacles due to their socioeconomic status. They often attend inferior K-12 schools, and have less time for homework because of jobs or chores. They are less likely to benefit from two actively involved parents and receive, on average, less guidance and assistance.

Students from families in the bottom 25% income bracket comprise only 3% of enrollment in our most competitive colleges, while those from the top 25% comprise 72%. Studies show that high-achieving, low-income children who have lower GPAs and SAT scores than affluent children achieve college grades and graduation rates at the same level as affluent students. Their scores can be "normed" for these differences, even without special programs.

Blacks are more likely to be poor than whites, and consequently, would disproportionately benefit from this approach. That's fine with me - and, more importantly, with the Constitution. Racial preferences are unconstitutional, illegal and immoral; helping low-income Americans is not.

I defy any children of Michelle Obama, Eric Holder, Jeh Johnson, Beyonce, or Ibram X. Kendi to deny that they have every advantage, including a terrific education and a network of contacts that millions of white Americans lack.

More than once, the U.S. Supreme Court has observed that "distinctions between citizens solely because of their ancestry are by their very nature odious to a free people. As Chief Justice John Roberts declared, "the way to stop discrimination on the basis of race is to stop discriminating on the basis of race."

When the Constitution, federal laws and opinion align, progressives should respect our values. Here, that would mean restoring equality and the dignity of blacks by ending the disgrace of DEI.

Kenin M. Spivak is founder and chairman of SMI Group LLC, an international consulting firm and investment bank. He is the author of fiction and non-fiction books and a frequent speaker and contributor to media, including RealClearPolitics, The American Mind, National Review, television, radio, and podcasts.