Joe Biden often insists that he's demanding "diversity" and " inclusion" and "equity," but a new lawsuit filed by a small business owner in Florida says he's mostly delivering discrimination through quotas.
The new case is being developed by the Wisconsin Institute for Law & Liberty, and the organization explained small business owner Christian Bruckner from Florida has filed a lawsuit against the Biden administration over its "unconstitutional race and gender quotas in the new $1.2 trillion federal infrastructure law."
That law, known as the Infrastructure Investment and Jobs Act, was signed by Biden just months ago and includes billions to be spent – but one only qualifies for those contracts if the businesses are "owned by certain minorities and women."
WILL has handling the complaint under its Equality Under the Law Project, and on Bruckner's behalf, sued, challenging the race and gender quotas that appear to violate the Constitution's equal protect provisions.
"All Americans should have the equal opportunity to compete on a level playing field. But now, Congress and the Biden Administration have trampled on this foundational principle by giving tens of billions in special treatment to small businesses based on race and gender. This unlawful discrimination must stop," explained WILL President Rick Esenberg of the case, which was filed in Florida.
The case is on behalf of Bruckner, who explained, "The new infrastructure projects should be open to all small businesses based on the ability to do the work, not based on race and gender. If President Biden really wants to help disadvantaged small business owners, then he should help new businesses struggling to survive or small business owners who have a disability like me. But helping groups based on race and gender is never fair. I expect more from my government."
WILL reported that the problem is that while Congress authorized $370 billion for road and bridge projects, members also demanded that at least 10% of all funding go to small businesses owned by "socially and economically disadvantaged individuals."
"Federal regulations define 'socially disadvantaged' as the following racial or ethnic groups: Black Americans, Hispanic Americans, Native Americans, Asian Pacific Americans, or Subcontinent Asian Americans. And women are deemed 'socially and economically disadvantaged.'"
The result, according to the complaint, is that the government has embedded race and gender discrimination against "males who are not in these preferred racial groups (and they) cannot compete for this money."
According to WILL, "The United States Constitution forbids the government from engaging in race and gender discrimination. If the government engages in race discrimination, then it is subject to 'strict scrutiny,' meaning the government has the burden of proving that racial classifications are narrowly tailored measures that further compelling governmental interests. With gender discrimination, the government must provide an 'extremely persuasive' justification and prove that the 'the discriminatory means employed are substantially related to the achievement of those objectives.'"
Congress' work, however, violates the Equal Protection clause of the Constitution, WILL charges.
The action seeks a preliminary injunction to halt to the "unconstitutional" "race- and gender-based classifications."
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