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Supreme Court Corner: Update on Anti-Discrimination in Federal Grantmaking

2024

Recent court decisions resulted in a range of challenges to anti-discrimination initiatives in grantmaking by nonprofit organizations. The U.S. Supreme Court struck down race-based affirmative action in higher education in its 2023 Students for Fair Admissions (SFFA) decision, and the U.S. Court of Appeals for the Eleventh Circuit (Eleventh Circuit) ruled against an organization operating a grant contest that awarded funds solely to Black women. These court cases indicate how Community Action Agencies (CAAs) can structure their grant-making efforts to maintain compliance with applicable anti-discrimination laws as they continue the work that supports their communities.

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