You say, paraphrasing, "It's harder to prove that a DEI program violates Federal anti-discrimination laws than it is to simply terminate a grant to an undesirable grantee."
Ok. Suppose that's true. The government can terminate grants that don't include that language equally as easily -- and, indeed, I just found that there are multiple current cases against the government for doing exactly that: health grants [1], solar grants [2], education grants [3].
Is your point is that the inclusion of this inoperative language makes it easier than it already is for the government to cancel grants and to defend against the subsequent lawsuits until the plaintiffs are pressured into compliance from lack of funding?
Ok. Suppose that's true. The government can terminate grants that don't include that language equally as easily -- and, indeed, I just found that there are multiple current cases against the government for doing exactly that: health grants [1], solar grants [2], education grants [3].
Is your point is that the inclusion of this inoperative language makes it easier than it already is for the government to cancel grants and to defend against the subsequent lawsuits until the plaintiffs are pressured into compliance from lack of funding?
[1]https://coag.gov/press-releases/weiser-sues-hhs-kennedy-publ... [2]https://news.bloomberglaw.com/environment-and-energy/state-c... [3]https://www.k12dive.com/news/state-lawsuit-Education-Departm...