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Judge rules Biden-era internet grant program unconstitutionally prioritized racial minorities

The Hill

PoliticsThe Hill·Jul 15, 2026·2 min read

Judge rules Biden-era internet grant program unconstitutionally prioritized racial minorities

A federal judge ruled Wednesday that a high-speed internet grant program signed into law by President Biden unconstitutionally used race as a factor in deciding where to dole out the funds.

U.S. District Judge John Bates heavily cited the Supreme Court’s decision invalidating affirmative action in higher education admissions in agreeing with President Trump, who has called the program “racist.”

“At this stage, what matters is that the Digital Equity Act empowers the government to consider race when allocating federal money,” Bates wrote in his 35-page opinion.

Biden signed the grant program into law in 2021 as part of his $1.2 trillion infrastructure package. Aimed at furthering the previous administration’s “internet for all” goal, it appropriated $2.5 billion to promote “digital inclusion activities.”

The Trump administration has looked to cut off funding after the president signed a series of executive orders aimed at weeding out diversity initiatives within the federal government. Trump has publicly called the program “racist” and “illegal,” and his Justice Department earlier this year formally stopped defending its legality.

At issue is a requirement that the government review whether a recipient would use its grant to increase internet access among racial minorities or other “covered populations.”

“Addressing that gap is a laudable goal, but the Supreme Court has admonished that ameliorating general societal inequalities—as opposed to specific instances of past discrimination—’does not constitute a compelling interest that justifies race-based state action,’” Bates wrote, quoting the high court’s affirmative action decision.

The judge said the grant program can move forward without the racial criterion and the Trump administration imminently plans to reinstate it.

For now, however, it leaves the National Digital Inclusion Alliance in limbo. The group sued Trump last year after it was told that its $25.7 million grant was being cancelled.

Bates, an appointee of former President George W. Bush who serves on the federal bench in the nation’s capital, said the group will still have the opportunity to press its other claims once the dust settles on what the government will do next.

“Until then, this case will continue along the ordinary track of civil litigation,” he wrote.