A panel on the U.S. Court of Appeals for the 11th Circuit ruled Monday that an Atlanta-based venture capital firm should be temporarily blocked from issuing grants reserved for businesses owned by Black women, saying that doing so would probably discriminate against business owners of other races.
The ruling comes after Fearless Fund, a VC firm dedicated to funding businesses founded by women of color, was sued last August by a group led by affirmative-action opponent Edward Blum. Blum’s cases against Harvard and the University of North Carolina culminated with the Supreme Court overturning race-conscious college admissions last summer.
The federal appeals court in Atlanta reversed a lower-court decision that the fund could proceed with its grant contest amid the litigation.
The case is being closely watched because of its possible implications for race-conscious programs in the private sector, particularly in the world of grant-giving and foundations. Observers have identified the case as a central legal battle over civil rights and affirmative action, with support pouring in from groups on both sides of the issue.
“This is the first court decision in the 150+ year history of the post-Civil War civil rights law that has halted private charitable support for any racial or ethnic group,” Jason Schwartz, a lawyer with Gibson, Dunn & Crutcher, which is representing Fearless Fund, said in a statement emailed to The Washington Post. “The dissenting judge, the district court and other courts have agreed with us that these types of claims should not prevail.”
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