ARTICLE · 02 MAY 2025

Executive Order: Restoring Equality Of Opportunity And Meritocracy

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This executive order revokes prior presidential approvals of specific U.S. Department of Justice (DOJ) Title VI regulations that supported the use of disparate-impact liability...

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Executive Summary

This executive order revokes prior presidential approvals of specific U.S. Department of Justice (DOJ) Title VI regulations that supported the use of disparate-impact liability – a legal theory holding entities accountable for practices that disproportionately affect protected groups, even without discriminatory intent. Citing limited agency resources and the view that disparate-impact liability is unlawful, the order directs federal agencies to deprioritize enforcing such regulations. The U.S. attorney general is instructed to begin repealing or amending related Title VI regulations and report on all federal and state laws relying on disparate-impact theories. Within 45 days, federal agencies must review ongoing investigations and proceedings that involve disparate-impact claims across civil rights, housing, credit and consumer protection laws. Furthermore, the attorney general should assess whether federal authority preempts conflicting state

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