BidenExecutive Order 13985

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.

CFI Score

66

Moderate Alignment

Constitutional Floor

Clear

No broad agreement on tension

Lens Agreement

Moderate Agreement

Some disagreement across lenses

Steelman Defense

+13.6

Stronger defense than consensus

Key Constitutional Issues

Dimensional Extremes

Strongest: Welfare

Mean score +1.4 5 of 5 lenses scored positively

Weakest: Rights

Mean score +0.4 No major tensions identified

Dimensional Profile

RightsEqualDemocraticSeparationDue ProcessWelfareSovereignty
MeanRange

Dimension Scores by Lens

Rights
+0.4
Equal
+0.4
Democratic
+0.4
Separation
+0.8
Due Process
+0.4
Welfare
+1.4
Sovereignty
+0.4

Scoring Matrix

DimensionTextualistOriginalistDoctrinalistLivingPragmatistSteelman
Rights000+1+1+1
Equal-10+1+1+1+1
Democratic000+1+1+1
Separation+1+10+1+1+1
Due Process000+1+1+1
Welfare+1+1+1+2+2+2
Sovereignty000+1+1+1

Lens Narratives

Click to expand each constitutional lens's reasoning.

Steelman Analysis

The President possesses broad executive authority to direct agencies toward equity-focused administration of federal programs. The Fourteenth Amendment empowers federal officials to advance equal protection through active remedial measures. Executive authority to implement constitutional values supports directing agencies to advance equity goals.

Delta by Dimension

Rights
+0.6
Equal
+0.6
Democratic
+0.6
Separation
+0.2
Due Process
+0.6
Welfare
+0.6
Sovereignty
+0.6