NAACP and the LDF sue the U.S. Department of Education

The NAACP, and the Legal Defense Fund (LDF), acting on its behalf, filed a federal lawsuit challenging the U.S. Department of Education's attempts to prohibit and chill lawful efforts to ensure that Black students are afforded equal educational opportunities. The Education Department issued a "Dear Colleague" Letter on Feb. 14, followed by a "Frequently Asked Questions" document on Feb. 28 and a certification requirement on April 3 — all of which include factual inaccuracies and misinterpretations of civil rights laws and threaten the termination of critical public education funds. The defendants named in the suit are the U.S. Department of Education, U.S. Secretary of Education Linda McMahon and Acting Assistant Secretary for Civil Rights Craig Trainor.  

 

The lawsuit alleges that the Education Department's communications to recipients of federal funds present a legally flawed and unsupported interpretation of Title VI of the Civil Rights Act of 1964 and the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution. The lawsuit additionally alleges that the Education Department is intentionally discriminating against Black students through its efforts to defund federal grantees based on erroneous facts and interpretations of law. The Dear Colleague Letter and related certification already have had devastating consequences for educational communities across the nation. The plaintiff is asking the federal district court to enjoin the Education Department from moving forward with its enforcement actions, as articulated in the "Dear Colleague" Letter and related certification requirement.  

 

"The Department of Education's recent "Dear Colleague" letter and other communications are not only deeply misleading — they are a gross distortion of reality that attempts to erase the lived experiences of millions of Black and Brown children in this country," said Derrick Johnson, President and CEO of the NAACP. "The Department of Education, tasked with a responsibility to protect the civil rights of all children, has instead claimed systemic racism doesn't exist — effectively sanctioning the very discrimination that our civil rights laws were designed to prevent. Meanwhile, children of color consistently attend segregated, chronically underfunded schools where they receive less educational opportunities and more discipline. Denying these truths doesn't make them disappear — it deepens the harm. We are asking the court to act swiftly to our request and will continue to advocate for students of color to be treated fairly and equitably." 

 

"For decades, the U.S. Department of Education's Office for Civil Rights has worked to ensure that all students — including Black students who have historically faced and continue to face barriers that deny them equal educational opportunities — can receive the necessary support, tools, and resources to thrive academically," said Michaele N. Turnage Young, Senior Counsel and Co-Manager of the Equal Protection Initiative at the Legal Defense Fund. "Yet, in direct conflict with its mission, the Office for Civil Rights has baselessly characterized vital efforts to advance racial equality to themselves be racially discriminatory, thus weaponizing the anti-discrimination laws against the very communities they are meant to protect. These threats have incited a wave of chaos, uncertainty, and fear within our classrooms, cultural centers, and student and parent groups across the country, and run afoul of our nation's ideals. We ask the Court to enjoin these actions by the Department of Education — and will continue to fight until the constitutional promise of racial equality in education, set forth in Brown v. Board of Education,has been fulfilled."  

 

"Every student should have an equal opportunity to receive a quality education," said Katrina Feldkamp, Assistant Counsel at the Legal Defense Fund. "The current Administration's attacks are a threat to longstanding efforts to ensure truthful, inclusive curricula and instruction; equal access to selective programs; affinity groups where students of various identities can find support and belonging; and policies and programs that eradicate bias in discipline and hiring. These threats seek to undo decades of progress towards equality for all in public education. We proudly represent the NAACP, whose members include Black parents and students in every state of our nation, to protect and uphold Black students' rights to equal educational opportunity." 

 

The filing today follows the previous advocacy challenging the U.S. Department of Education's recent efforts to dial back progress towards racial justice, including another lawsuit filed to stop the Trump Administration from dismantling the Education Department. 

 

Read the full lawsuit here. A virtual media briefing will be held today at 1pm, registration link here.  

 

LDF Denounces House Passage of SAVE Act

The Legal Defense Fund (LDF) urges the U.S. Senate to reject the misleadingly entitled “Safeguard American Voter Eligibility (SAVE) Act”, a disastrous, discriminatory, inefficient, and unnecessary bill passed by the House that would disenfranchise millions of eligible voters and upend Congress’ historic role of protecting the freedom to vote rather than suppressing it.

The SAVE Act would effectively eliminate online voter registration and severely curtail voter registration drives, methods that millions of Americans rely upon every year to register to vote or update their registrations. The SAVE Act also requires every would-be voter to arrive in person at their local elections office with the original copy of a birth certificate, passport, or naturalization certificate in order to register to vote.

These requirements create especially harsh barriers to political participation for Black people, people of color, married people who have changed their names, rural voters, poor people, and others who may have difficulty obtaining a passport or birth certificate. Only half of the total population and only a third of Black people hold valid U.S. passports, while nearly half of all Black Americans under 30 do not have a license with their current name and address. That’s not to mention the nearly 70 million Americans who have taken a spouse’s last name that may not match the name on their birth certificate.

The law would also undercut voter registration drives, which have been essential for mobilizing political participation in Black communities. If adopted, this would be an especially troubling effect as racial disparities in voter turnout have grown in the past decade.

Legal Defense Fund President and Director-Counsel Janai S. Nelson issued the following statement in response to the House’s vote on the SAVE Act:

“The SAVE Act erects a discriminatory barrier to the ballot while pretending to ‘solve’ a problem that does not exist. Its true purpose, rooted in fear of the multiracial democracy the United States can and must become, is to limit access to the ballot and stifle the political power of our increasingly diverse electorate. It’s a misnomer to call this bill the SAVE Act when it would cause nothing but harm to Black communities, rural communities, and so many others who would be stripped of their right to vote if it becomes law.

We urge lawmakers to reject this catastrophic bill and to rightfully turn their attention to advancing proposals that protect our fundamental right to have a voice in free and fair elections.”

LDF Launches Voter Empowerment Project “Black Voters on the Rise”

The Legal Defense Fund (LDF) announced Black Voters on the Rise – an interdisciplinary initiative that works to defend and advance the rights of Black voters and the promise of a free and fair democracy throughout the full life cycle of the democratic process. The launch comes as the country recognizes the anniversary of the signing of the Voting Rights Act and just ahead of an election that will have a profound impact on our democracy.

Black Voters on the Rise serves to combine and rebrand LDF’s prior complementary projects, Prepared to Vote (PTV) and Voting Rights Defender (VRD). This renewed initiative will use a year-round, multi-tactical approach to build Black political power, working collaboratively across LDF departments and with strategic partners at the national, state, and local levels.

“It is crucial that our younger voters understand their vote has the power not only to select the president, but also to determine who sets national policies and laws addressing key issues – like reproductive rights, criminal justice, student loans, housing, and health care – and who will serve their interests at the state and local levels. Black Voters on the Rise is a recognition of that power and of the full potential of the Black vote,” said Janai Nelson, LDF’s President and Director-Counsel.

Black Voters on the Rise is a cross-generational initiative that builds on the legacy of Black voters organizing for our democracy to leverage the potential of the rising generation of Black voters. Young people will make up nearly half of voters in the 2024 election. And, since 2020, one in five new eligible voters in the South are Black and members of Gen Z.

As part of this initiative, LDF staff in southern communities work together with trusted organizations, including local non-profit organizations, HBCUs, churches, and others, to engage with community members and empower them to participate in the political process. By monitoring and responding to voter suppression tactics on the ground, proactively correcting and – when needed – challenging anti-voter activities, LDF’s Black Voters on the Rise project is helping Black communities defend themselves against the coordinated attacks on their rights.

“The work of defending democracy and voting rights is a year-round effort, especially as deceptive practices like misinformation and disinformation collide with racial polarization,” said Amir Badat, Manager, Black Voters on the Rise. “The aggressive efforts to suppress the vote are using increasingly novel tactics, and we must meet those efforts with creativity and innovation. Black Voters on the Rise represents the resilience, strength, and dedication of the Black community’s pursuit to retain hard-fought wins and advance the rights they are entitled to.”

In the months ahead, the efforts of Black Voters on the Rise will involve combating discriminatory election administration practices and advocating for election officials to expand access to the ballot box. Black Voters on the Rise will also educate voters on election laws and their voting rights and mobilize communities to exercise their right to vote. Through Black Voters on the Rise, LDF has committed to reaching millions of voters through direct mail, SMS, and other forms of targeted communication this year.

With partners, Black Voters on the Rise will monitor the November 2024 election and future elections to identify voter suppression and protect Black voters through rapid response advocacy. This mobilization work will extend to include a concerted effort to encourage communities to leave no power on the table by participating in public meetings and learning about their local elected officials and their roles in shaping community policies and initiatives.

Protecting the voting rights of Black people has been a critical piece of LDF’s work since its founding in 1940 when Justice Thurgood Marshall filed Smith v. Allwright, which led to the defeat of all-white primaries. Justice Marshall called it his most consequential case. Today, LDF carries on that work in communities where a history of racist and discriminatory anti-voter, anti-democracy practices continue. Congress’s inaction on passing the John Lewis Voting Rights Act has also guided LDF to work in states across the country to pass state Voting Rights Acts and advance other proactive election administration policies.

LDF offers resources to voters on how to participate in the democratic process, including providing information on how to vote in person, secure an absentee ballot, research candidates and ballot initiatives, and become a volunteer. This information is available on LDF’s election resource website, www.ldf.vote.