Digital Equity Act

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

The dismissal alleges that the district court is an improper venue for NDIA to challenge grant cancellations.

Eric Urbach

Mar 9, 2026 — 2 min read

Photo of The E. Barrett Prettyman U.S. Federal Courthouse in Washington D.C. by Jose Luis Magana/AP

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."

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Digital Equity Act Howard Lutnick Donald Trump Joe Biden NDIA

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