Trump claims court struck down Biden’s Digital Equity Act as unconstitutional

Trump the president said Commerce Secretary Howard Lutnick fought the program, which he called a racist giveaway, and that the court agreed in a ruling he hailed on July 17, 2026.

First Published: July 17, 2026, 11:45 AM ET

WASHINGTON D.C. — Donald Trump declared victory over a Biden-era broadband program he calls unconstitutional in a Truth Social post on July 17, 2026 at 3:32 PM ET.

The president said the so-called Digital Equity Act was a racist and unconstitutional giveaway that never should have become law. He credited Howard Lutnick, his Secretary of Commerce, with fighting the program at his direction and said the court agreed with his assessment.

Here is the full post on truthsocial: “BIG WIN in Court for the American People! The so-called ”Digital Equity Act,“ a Biden DEI law, was ruled exactly what I said it was last year — A RACIST and UNCONSTITUTIONAL giveaway that never should have become Law. Sleepy Joe and the Dumocrats used YOUR Tax Dollars to divide Americans, instead of serving ALL Americans. At my direction, Howard Lutnick, my wonderful Secretary of Commerce, fought it, and the Court AGREED. A MASSIVE Victory for Common Sense and our Constitution. Thank you for your attention to this matter! Trump”

The Digital Equity Act formed part of the Infrastructure Investment and Jobs Act, the 2021 law that authorized roughly $2.75 billion to expand internet access for older Americans, rural residents, veterans and people with disabilities according to congress.gov. The National Telecommunications and Information Administration, a division of the Commerce Department, administered the grants according to ntia.gov.

The outcome carries stakes for states and community groups that had counted on the money. Grant recipients planned to fund digital literacy training, device distribution and outreach programs. A ruling against the program strips that funding, while the administration argues the money divided Americans by race rather than serving all of them.

Trump signaled his opposition earlier in his term. He wrote in May 2025 that he would end the Digital Equity Act, calling it racist and unconstitutional, a position his latest post says the court has now validated.

For the average reader, the dispute touches whether federal dollars flow to programs aimed at closing the gap between households with reliable broadband and those without. Millions of Americans still lack high-speed internet, and the program aimed to reach the least connected communities.

Has this happened before? Courts have repeatedly weighed federal programs that allocate benefits based on race. The Supreme Court struck down race-conscious college admissions in Students for Fair Admissions v. Harvard in 2023, a decision the administration has cited as a legal foundation for challenging diversity initiatives.

The next move rests with the parties to any appeal. A schedule for further review has not been announced, and the post did not detail the specific court or the full text of the ruling.

Legal fights over federal spending and equal protection are not new to American courts. In 1995, the Supreme Court ruled in Adarand Constructors v. Peña that federal race-based classifications must survive strict scrutiny, a standard that has since reshaped how Washington structures grant programs. That decision forced agencies to rewrite contracting rules and narrowed the reach of programs designed to favor specific groups, a precedent that continues to guide challenges like the one Trump now celebrates.