Do Republicans/ race baiters think preventing a Black venture capital fund from giving grants to a group of Black female entrepreneurs is justifiable? Black women entrepreneurs currently only receive 1% of venture capital funding.
Of course, it’s their money so they invest it as they like, and they shall reap as they sow. That is the standard Protestant work ethic. Very Scottish-enlightenment, very liberal, very capitalistic, very pro-civil rights, freedom of speech, press, assembly, petition, religion, and association.
I'd have to know the specifics. Specifically "prevent." That seems a suspicious word. If they were making money for the investors, investors would be beating down their doors.
Venture capital isn't patty-cake. Hardball all the way.
The ruling last week against the Fearless Fund’s grant contest by a federal appeals court panel is an act of judicial overreach that could upend charitable giving in the United States.
In a two-to-one vote, the U.S. Court of Appeals for the 11th Circuit held that the 501(c)(3) arm of the Fearless Fund venture capital firm — the Fearless Foundation — could not run its Strivers Grant Contest, which awards $20,000 grants to businesses owned by Black women.
Although this case might sound like an extension of last summer’s Supreme Court affirmative action decision on university admissions, it potentially goes much deeper. If other courts follow suit, the judges’ warped interpretation of a civil rights statute would hamstring charitable efforts to support racial justice and have a chilling effect on philanthropic funding nationwide
The appeals court ruled that a lawsuit brought by the American Alliance for Equal Rights was likely to succeed in its claim that the contest violated section 1981 of the Civil Rights Act of 1866. That law states that all persons shall have the same rights as “white citizens” to make and enforce contracts.
I looked it over, but I don't think I quite grasp what the complaint is. If it's a venture capital fund fully financed by people who made the choice, I don't see the problem. Anyone who doesn't like the contest could withdraw their money.
If public pensions invest in it, I could see the conflict. I skimmed two or three pieces including yours, but I never saw what the beef was that caused the litigation. I guess I'd think through the idea of doing a contest for everyone other than Black women. Would that be a problem? If not, I don't see why this would be, either.
I think I'm missing the main point of the complaint, though. That said, a 3-person judicial review decision, in these times... I have zero confidence of good faith.
The latest decision was based upon an appeal of a previous federal circuit court opinion. It was rendered by three judges from the US Court of Appeals for the 11th Circuit. The arguments are subtle. You have to read the opinion carefully to fully understand the ruling:
1. Whether the plaintiff, the American Alliance for Equal Rights, had legal standing to challenge the contest
2. Whether the Fearless Fund contest and grants were essentially contracts and therefore subject to laws that prohibit private parties from discriminating on the basis of race when making or enforcing contracts.
Two of the judges decided for the plaintiff. One judge decided for the Fearless Fund. Draw your own conclusions about the ruling, but claims that it's a threat to social justice philanthropy seem to be overblown.
The CEO and co-founder of the Fearless Fund wants President Biden to issue an executive order that would circumvent the court ruling. She also wants Congress to pass a law that would back up the executive order. Here's a link to a recent Atlanta Journal-Constitution article that includes Q&A with one of the attorneys that represents the Fearless Fund:
My point is that the suit was filed by Conservatives. The overall impact if the suit succeeds is yet to be determined.
From the AJC article Fearless Fund lawyer interview
Q: What do you think the potential effects of the ruling could be?
A: What the plaintiffs in our case have been seeking to do is create a chilling effect across this country and maybe beyond that, where people are afraid to invest with Black businesses. They’re afraid to invest in programs that advance equity. And I think this 11th Circuit ruling could just exacerbate this problem where people feel a little skittish about supporting diversity and equity and inclusion programs, whether it be in the charitable space or in the private sector.
Q: What impact do you think this could have on philanthropy?
A: This decision for me amplifies what I see as a blatant hypocrisy within the world of philanthropy. Charitable organizations have been issuing grants to specific demographic groups for decades. And this is the first time that a federal court is stopping an organization from issuing grants to a specific demographic group, issuing grants consistent with their mission.
The implications for this decision, if it were to be applied within the philanthropic space broadly, are immense because it essentially redefines grantmaking. It essentially says you can’t issue grants to people of specific demographic groups, which we know is counter to what philanthropic groups have been doing for decades.
I read the article the day it was posted. The lawyer representing the Fearless Fund spoke the way I would expect an advocate to speak. Nothing in the ruling prevents social justice philanthropy. Nobody will tell MacKenzie Scott to stop giving money to HBCUs and nobody will tell Melinda Gates that she can't spend billions on women's reproductive health issues. That's protected First Amendment speech. The problem for the Fearless Fund is that the judges who ruled against them viewed their contest and grants as "contracts" instead of philanthropy.
The complaint was filed by Conservatives and upheld by Conservative judges. You label members of the Democratic Party race hustlers. I label Republicans/ Conservatives race baiters.
Do Republicans/ race baiters think preventing a Black venture capital fund from giving grants to a group of Black female entrepreneurs is justifiable? Black women entrepreneurs currently only receive 1% of venture capital funding.
Of course, it’s their money so they invest it as they like, and they shall reap as they sow. That is the standard Protestant work ethic. Very Scottish-enlightenment, very liberal, very capitalistic, very pro-civil rights, freedom of speech, press, assembly, petition, religion, and association.
I'd have to know the specifics. Specifically "prevent." That seems a suspicious word. If they were making money for the investors, investors would be beating down their doors.
Venture capital isn't patty-cake. Hardball all the way.
The ruling last week against the Fearless Fund’s grant contest by a federal appeals court panel is an act of judicial overreach that could upend charitable giving in the United States.
In a two-to-one vote, the U.S. Court of Appeals for the 11th Circuit held that the 501(c)(3) arm of the Fearless Fund venture capital firm — the Fearless Foundation — could not run its Strivers Grant Contest, which awards $20,000 grants to businesses owned by Black women.
Although this case might sound like an extension of last summer’s Supreme Court affirmative action decision on university admissions, it potentially goes much deeper. If other courts follow suit, the judges’ warped interpretation of a civil rights statute would hamstring charitable efforts to support racial justice and have a chilling effect on philanthropic funding nationwide
The appeals court ruled that a lawsuit brought by the American Alliance for Equal Rights was likely to succeed in its claim that the contest violated section 1981 of the Civil Rights Act of 1866. That law states that all persons shall have the same rights as “white citizens” to make and enforce contracts.
https://www.philanthropy.com/article/how-the-fearless-fund-ruling-distorts-charity-history-and-law
I looked it over, but I don't think I quite grasp what the complaint is. If it's a venture capital fund fully financed by people who made the choice, I don't see the problem. Anyone who doesn't like the contest could withdraw their money.
If public pensions invest in it, I could see the conflict. I skimmed two or three pieces including yours, but I never saw what the beef was that caused the litigation. I guess I'd think through the idea of doing a contest for everyone other than Black women. Would that be a problem? If not, I don't see why this would be, either.
I think I'm missing the main point of the complaint, though. That said, a 3-person judicial review decision, in these times... I have zero confidence of good faith.
The latest decision was based upon an appeal of a previous federal circuit court opinion. It was rendered by three judges from the US Court of Appeals for the 11th Circuit. The arguments are subtle. You have to read the opinion carefully to fully understand the ruling:
https://media.ca11.uscourts.gov/opinions/pub/files/202313138.pdf
The case hinged on two questions:
1. Whether the plaintiff, the American Alliance for Equal Rights, had legal standing to challenge the contest
2. Whether the Fearless Fund contest and grants were essentially contracts and therefore subject to laws that prohibit private parties from discriminating on the basis of race when making or enforcing contracts.
Two of the judges decided for the plaintiff. One judge decided for the Fearless Fund. Draw your own conclusions about the ruling, but claims that it's a threat to social justice philanthropy seem to be overblown.
The CEO and co-founder of the Fearless Fund wants President Biden to issue an executive order that would circumvent the court ruling. She also wants Congress to pass a law that would back up the executive order. Here's a link to a recent Atlanta Journal-Constitution article that includes Q&A with one of the attorneys that represents the Fearless Fund:
https://www.ajc.com/news/business/qa-with-alphonso-david-lawyer-for-fearless-fund-after-court-loss/BDB7MJEAGNAEHA36XPO2IAREMA/
Thank you for your measured and helpful analysis, Mr. Roscoe.
My pleasure. Thanks for the kind words.
My point is that the suit was filed by Conservatives. The overall impact if the suit succeeds is yet to be determined.
From the AJC article Fearless Fund lawyer interview
Q: What do you think the potential effects of the ruling could be?
A: What the plaintiffs in our case have been seeking to do is create a chilling effect across this country and maybe beyond that, where people are afraid to invest with Black businesses. They’re afraid to invest in programs that advance equity. And I think this 11th Circuit ruling could just exacerbate this problem where people feel a little skittish about supporting diversity and equity and inclusion programs, whether it be in the charitable space or in the private sector.
Q: What impact do you think this could have on philanthropy?
A: This decision for me amplifies what I see as a blatant hypocrisy within the world of philanthropy. Charitable organizations have been issuing grants to specific demographic groups for decades. And this is the first time that a federal court is stopping an organization from issuing grants to a specific demographic group, issuing grants consistent with their mission.
The implications for this decision, if it were to be applied within the philanthropic space broadly, are immense because it essentially redefines grantmaking. It essentially says you can’t issue grants to people of specific demographic groups, which we know is counter to what philanthropic groups have been doing for decades.
https://www.ajc.com/news/business/qa-with-alphonso-david-lawyer-for-fearless-fund-after-court-loss/BDB7MJEAGNAEHA36XPO2IAREMA/
I read the article the day it was posted. The lawyer representing the Fearless Fund spoke the way I would expect an advocate to speak. Nothing in the ruling prevents social justice philanthropy. Nobody will tell MacKenzie Scott to stop giving money to HBCUs and nobody will tell Melinda Gates that she can't spend billions on women's reproductive health issues. That's protected First Amendment speech. The problem for the Fearless Fund is that the judges who ruled against them viewed their contest and grants as "contracts" instead of philanthropy.
The complaint was filed by Conservatives and upheld by Conservative judges. You label members of the Democratic Party race hustlers. I label Republicans/ Conservatives race baiters.
Good for you.
I took your comment in good faith and wound up wasting my time. Live and learn.
Why is your race hustler description acceptable and my race baiter unacceptable?