Providing Balance to Our Separation of Powers

WIN | WILL Sued President Biden’s New “Minority Business Development Agency” and Won

We secured an historic legal victory against the Biden Administration last week. 🎉 A federal judge declared unconstitutional the racially discriminatory federal laws creating the Minority Business Development Agency (MBDA).

This agency was designed to help Americans of some races, but not other races. WILL represented clients from Texas, Wisconsin, and Florida in this federal lawsuit filed in the Northern District of Texas. The Biden Administration is now prohibited from using the MBDA to discriminate against businesses based on race. In the Court’s words, MBDA “can still operate its Business Centers, it must simply do so without vetting applicants based on race.” The holding will open up the MBDA to serve all Americans, not just certain races.

🗯 Rick Esenberg, WILL President and General Counsel, stated, “This is exactly why WILL exists. The federal government created a discriminatory agency that persisted for decades. The Biden Administration re-invigorated it and then refused to help millions of businesses based on race. Those days are now over. Equality must be the law of the land, and through the bravery and persistence of our clients, we are closer to fulfilling that dream.”

🗯 WILL Deputy Counsel, Dan Lennington, added, “This is a historic victory for equality in America. No longer can a federal agency cater only to certain races and not others. The MBDA is now open to all Americans."

📰 Read about this victory in the AP, National Review, Washington Post, The Federalist, USA Today, and The Hill.

ICYMI | Our Statement on SCOTUS Overturning Colorado Decision

We released a statement concerning the United States Supreme Court's rejection of Colorado's effort to deny Republican Candidate Donald Trump access to the ballot. WILL doesn’t take stances in favor or against candidates, rather WILL supports the rule of law and the fair application of Constitutional standards that govern our elections.  

The SCOTUS decision made clear that States cannot (and, for the majority, only Congress can) enforce Section 3 of the 14th Amendment against federal officeholders. 

🗯 Rick Esenberg, WILL President and General Counsel, stated, “The Supreme Court’s decision today avoided the terrible chain reaction of states disqualifying former President Trump, and then other states perhaps retaliating against President Biden. That all nine justices joined in this outcome provides much needed unanimity. While there may be differences on the scope of the opinion, Justice Barrett’s wise warning that 'this is not the time to amplify disagreement with stridency' should guide us."

VICTORY | WILL, MSLF Secure First Amendment Win for Conservative Student Group

WILL and Mountain States Legal Foundation (MSLF) have received this afternoon a notification from the University of Wisconsin-Madison (UW). UW is amending the agreement with Young America’s Foundation (YAF) to remove the unprecedented demand for payment of security costs. The event will move forward as scheduled.

UW-Madison previously required the student organization to cover “security” costs—estimated at over $4,000—despite never charging YAF or any other student organization (left- or right-leaning) for these costs before. UW has now backed down.

🗯 Dan Lennington, WILL Deputy Counsel, stated, “We are committed to the relentless defense of constitutional rights, including the freedom of speech. Under no circumstance should a university treat any student group differently based on its viewpoints. UW-Madison learned an important lesson today, and we hope they do not repeat this oppressive behavior.”

🗯 Harrison Wells, Chairman of Young Americans for Freedom at UW-Madison, added, “I am happy UW-Madison took this request seriously and allowed our event to move forward. A university must value diversity of thought and free speech—Wednesday’s event does just that.”

EVENT | WILL Citizen's Guide to Open Government

WILL's Preserving Democracy Project published The Citizens Guide to Open Government, a comprehensive resource that outlines the legal framework surrounding open records and meetings, equipping you with the knowledge to hold government accountable effectively.  

📆 On 12th at 6 PM CST, join WILL Deputy Counsel, Lucas Vebber, in Wausau for an in-person WILL and AFP-WI event. In honor of Sunshine Week, he'll offer valuable insights on making public records requests, managing delays and responses, navigating open meetings challenges, and other best practices for civic engagement and holding government accountable.

EVENT | What are the real threats to democracy?

📆 WILL and the National Review Institute are teaming up together on March 20th at 11:30 AM CST for an informative webinar!

Join NRI Fellow, Andrew C. McCarthy, and WILL President and Founder, Rick Esenberg, for a dynamic discussion regarding the hypocritical Leftist mantra of believing all conservative actions are “threats to democracy.” McCarthy and Esenberg will argue that this is nothing more than hyperbole used as a ploy to ensnare voters come election season.

NEW | Learn More About our Latest School Scorecard Update on Social Media

‼️ The results are in, rising absenteeism in rural communities and urban academic decline—WILL provides it all at an easy to access School Scorecard.

Learn more about this tool on

• YouTube Shorts
• Twitter / X
• Instagram

Check out how your school district stacks up on our dashboard.

Defend Freedom

The work we do would not be possible without the generosity of YOU, our donors; we are a tax exempt 501(c)(3) organization that receives no public funds. 

As a non-profit and non-partisan organization, we litigate in the areas of equality under the law, property rights, the freedom to earn a living, voting rights, regulation, taxation, school choice, and religious freedom. As an educational organization, we strive to advance the debate concerning law and public policy in these and other areas.

Please consider making a donation to secure the blessings of liberty and to defend freedom. 🇺🇸

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