White Predominance is the Point

Document Type

Article

Publication Date

8-7-2026

Abstract

This Article names and examines a new breed of legal attacks aimed at establishing automatic statutory illegality for inclusion-motivated, race-conscious policies that diminish, to any degree, white predominance of America’s most coveted business funding and employment opportunities. It explains that “blitz-style” attacks on racial diversity, equity, and inclusion (DEI) policies—such as lawsuits against Fearless Fund Management and letter complaints to a federal agency seeking investigation of entities like NASCAR—ignore the fact that considering race for inclusion of non-White groups is nondiscriminatory legal race consciousness under current federal civil rights doctrine. The Article’s central argument is that blitz-style anti-DEI legal attacks are part of a project to pervert existing federal civil rights doctrine into a legal regime that protects white predominance based on the falsehood that inclusion-motivated race awareness victimizes Whites.

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