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President Donald J. Trump lacked the authority to unilaterally cancel the Digital Equity Act’s Competitive Grant Program, according to a federal judge.

Edited by Brad Randall, Broadband Communities

A federal judge has ruled that the President cannot unilaterally cancel the Digital Equity Act Competitive Grant Program, clearing the way for the initiative to be partially restored.

The lawsuit regarding the matter, brought by the National Digital Inclusion Alliance (NDIA), challenged the executive branch’s dissolution of the program.

President Donald J. Trump had labeled the program racist and unconstitutional last year and said he was ending its funding.

US District Judge John D. Bates agreed that the President lacks the authority to overturn congressionally appropriated funding. His decision also validated a core government defense: that statutory provisions directing grant funds based on race and ethnicity failed strict scrutiny and were unconstitutional.

However, the July 15 memorandum opinion from Bates also stated that the race-based language is severable from the remainder of the Digital Equity Act. With the offending provision struck, NDIA’s challenge succeeded in part, and the federal government has committed to restoring the grant program without the racial criteria, according to the memorandum opinion.

Some AI tools also assisted in the crafting of this report.

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