Racial Equity Advancement Initiative

January 20, 2021

Executive Order 13985 directed federal agencies to assess equity in their programs, set racial equity goals, and develop action plans to address disparities affecting communities of color. The order aimed to embed equity considerations throughout federal administrative operations and resource allocation. The executive order did not explicitly mandate race-conscious affirmative action but directed equity-focused policy analysis and priority-setting. Implementation raised constitutional questions about whether race-conscious approaches to federal spending and administration constitute unlawful racial classifications under the Equal Protection Clause. The constitutional tension involved whether federal executive action advancing equity goals through race-conscious analysis violates equal protection principles, or whether such action represents legitimate implementation of civil rights obligations and constitutional values of equal protection. The 14th Amendment's remedial purpose became central to the debate.