We need lawfare for white men

For decades, American hiring and admissions have been distorted by a legal and bureaucratic regime that promised equal treatment while repeatedly rewarding institutions for sorting people by race and sex. The Civil Rights Act itself does not exclude white men; Title VII protects employees from discrimination because of race and sex regardless of which race or sex they are. But affirmative action rules, consent decrees, diversity mandates, contracting preferences, and institutional risk management created powerful incentives to treat demographic categories differently.

Incentives shape behavior. Universities, Fortune 500 companies, government agencies, and nonprofits learned to fear discrimination claims, bad publicity, activist campaigns, and regulatory scrutiny. Long before “wokeness” became a corporate religion, lawyers and compliance departments were already teaching institutions to think in terms of protected groups, disparate impact, representation targets, and litigation exposure.

The right does not need another conference panel lamenting DEI. It needs lawyers willing to make discrimination expensive. Equal protection will not enforce itself.

The practical question was never simply who had rights on paper. It was whose complaints institutions expected to carry consequences.

For years, conservative media documented the resulting discrimination against white men. DEI programs openly advertised preferences, scholarships excluded applicants by race or sex, and employers sometimes boasted about hiring goals that would have been scandalous if the preferred and disfavored groups were reversed.

Yet a nasty and stupid trend has emerged on the right: The same people who spent a decade describing the system now mock young white men who notice its effects.

They call them losers. They accuse them of victimhood. They insist that any man who works hard enough can simply transcend a system conservatives themselves spent years condemning.

That is politically and morally incoherent.

After Donald Trump’s compelling victory in 2024, Democrats discovered they had a serious problem with male voters, especially white men. It turns out that a political coalition saturated with rhetoric about “whiteness,” “male privilege,” and “toxic masculinity” will eventually alienate some of the people being described as social pathologies. Progressives produced endless postmortems about podcasts, masculinity, and how Democrats might win young men back.

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Republicans should have recognized the opening immediately.

The Trump administration deserves credit for taking aggressive action against DEI. But much of the GOP still seems embarrassed by the idea of representing white men as a constituency with legitimate interests. This is bizarre. A party that promises equal protection should have no difficulty saying that discrimination against white men is wrong for exactly the same reason discrimination against anyone else is wrong.

The political failure is glaring because young white men are not asking for a patronage machine. Most want the same things politicians promise everyone else: decent work, affordable homes, marriage, children, and confidence that effort will be rewarded rather than filtered through a demographic spreadsheet.

Conservatives who spent years explaining how DEI distorted institutions cannot suddenly sneer at those consequences when the victims are inconvenient. If the system has been biased, fix it. If the law promises equal treatment, enforce it. And if Republicans refuse to defend a constituency increasingly voting for them, they should not be surprised when those voters conclude that the party likes their ballots more than it likes them. A coalition cannot survive forever on gratitude for being less hostile than the other side.

The law already says so.

In Students for Fair Admissions v. Harvard, the Supreme Court ruled in 2023 that the race-conscious admissions programs at Harvard and the University of North Carolina violated federal law or the Constitution. The ruling did not abolish every consideration touching race, and universities quickly looked for ways to preserve diversity goals through essays, recruitment, socioeconomic proxies, and other methods.

That is what institutions do when incentives remain unchanged: They adapt.

Corporations made similar adjustments as legal pressure against DEI increased. Some renamed programs, changed language, or removed explicit demographic preferences. But nobody should expect a half-century of institutional habit to vanish because the Supreme Court issued one opinion or because an executive order changed the mood in Washington.

Law changes behavior when violating it becomes expensive.

That is the lesson the left understood long ago. Civil rights organizations built durable legal institutions capable of finding plaintiffs, financing cases, generating publicity, and making discrimination costly. Lawyers could build careers bringing important cases. Universities and corporations knew that a bad decision could become a lawsuit, a settlement, a headline, or all three.

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The right has built far less comparable infrastructure for people alleging discrimination because they are white or male.

Organizations such as America First Legal have begun bringing these cases, and other public-interest firms challenge race- and sex-based preferences. But the scale remains small compared with the institutional ecosystem that has enforced progressive civil rights priorities for decades. Many potential plaintiffs still assume nobody will take their case, that suing will destroy their career, or that publicly claiming discrimination against white men will make them objects of ridicule.

That social taboo is a powerful enforcement mechanism all by itself.

The answer is not to create special rights for white men. They do not need them. The answer is to enforce the rights they already possess with the same tenacity brought to every other discrimination claim.

That means sustained lawfare.

When a university uses a racial preference that violates the law, sue. When a corporation excludes applicants from a program because they are white or male, sue. When an employer retaliates against a worker for objecting to unlawful discrimination, sue. Find plaintiffs. Fund cases. Build precedent. Publicize victories. Thousands of cases, week after week. Make compliance departments understand that discriminating against white men carries real legal risk.

Not every angry employee has a case. Not every disappointing admission or promotion decision is discrimination. But where unlawful discrimination exists, conservatives should stop treating litigation as somehow beneath them.

Institutions respond to incentives. For decades, the incentives pushed them toward demographic engineering while telling white men that noticing was shameful. If equal protection means anything, those incentives must run in both directions.

The right does not need another conference panel lamenting DEI. It needs lawyers willing to make discrimination expensive. Equal protection will not enforce itself.