Trump Wants Court to Toss Suit Trying to Protect Digital Equity Act

WASHINGTON, March 9, 2026 –  A lawsuit trying to restore funding under the Digital Equity Act is at a crossroads. 

Lawyers for the Federal Government filed a motion to dismiss the National Digital Inclusion Alliance v Trump lawsuit on February 6, citing unconstitutionality of aspects of the Digital Equity Act, improper court jurisdiction, among other reasons. 

“Under the equal protection component of the Fifth Amendment’s Due Process Clause, race-based classifications are presumptively unconstitutional,” the motion states. “By its plain text, the DEA uses racial classifications to filter Program applicants and allocate Program awards…such a racial grantmaking program is presumptively unconstitutional."

The dismissal request alleges that the President Donald Trump and Commerce Secretary Howard Lutnick were well within their right to terminate the program after the determination of unconstitutionality was made, according to the claim.

In addition, the government notes the U.S. District Court is the wrong venue to hear such a complaint alleging that wrongful cancellation of government contracts to be filed with the U.S. Federal Claims Court, that would oversee the wrongful termination of a contract. 

The lawsuit, filed by the National Digital Inclusion Alliance alleges that the federal government unlawfully scrapped a congressionally funded program to expand digital literacy and skills after President Trump made a Truth Social post announcing a termination of the program. 

A heated back and forth

In October, the NDIA told Broadband Breakfast that their claim cited violations of Separation of Powers, the Spending Clause, as well as violations of the Administrative Procedures Act. 

Essentially, NDIA argues that once congress appropriates the money to spend on a program, the federal government is required to follow the law and spend it as congress intended. 

“NDIA brings this lawsuit to stop these flagrant constitutional violations that severely undermine Congress’s efforts and intent to close the digital divide in an age where internet access is a critical necessity,” the group wrote in its Oct. 7 complaint.

At a congressional hearing on June 4, 2025, Sen. Patty Murray D-Wash. rebuked Lutnick for the decision to terminate the program stating that the administration was required to carry out the laws passed by congress. Murray also noted that the DEA was passed with solid bipartisan support. 

The Digital Equity Act was part of the bipartisan infrastructure law signed by President Joe Biden in November, 2021. The law allocated about $2.5 billion toward three grant programs aimed at closing the digital divide.

The NDIA has until April 7, 2026 to respond to the motion to dismiss.