Digital Equity Act Program Can Proceed Without Race Criteria, Trump Attorneys Say
The administration urged the court to rule immediately in NDIA v. Trump, while plaintiffs disputed whether the issue can be resolved at this stage.
WASHINGTON, June 24, 2026 – Trump administration attorneys told a federal judge that the Digital Equity Act's competitive grant program could likely continue if a challenged provision is struck down.
During a hearing before U.S. District Judge John Bates, Commerce Department attorney Patrick Butler argued that a statutory provision identifying certain racial and ethnic groups as “covered populations” could be severed from the law if found unconstitutional, allowing the rest of the program to move forward without considering race.
