Diversity programs in the corporate sector are making their way through appeals courts and could soon be reviewed by the Supreme Court.

The revelation comes after a three-judge panel ruled this week that an advocacy group would likely be successful in striking down venture capital firm Fearless Fund’s grant program, which was open to only Black female entrepreneurs.

The American Alliance for Equal Rights claimed the program runs afoul of federal law, “which prohibits private parties from discriminating on the basis of race when making or enforcing contracts,” according to court records.

The 11th U.S. Circuit Court of Appeals ruled Tuesday that the district court erred in not halting the program as litigation continues, reasoning the challengers would likely win their claims.

Edward Blum, who led Students for Fair Admissions to successfully strike down affirmative action before the Supreme Court, is also leading the American Alliance for Equal Rights.

His advocacy work resulted in the Supreme Court ruling in 2023 that affirmative action programs at Harvard and the University of North Carolina run afoul of the 14th Amendment’s Equal Protection Clause.

Since then, lawsuits have been filed challenging programs based on DEI, or diversity, equity and inclusion, in several industries.

A spokesperson from Fearless Fund didn’t immediately respond to a request for comment.

Other circuit courts have ruled against groups trying to strike down race-based programs, setting up the type of circuit split that the justices tend to find appealing when granting review of legal disputes.

In March, the 2nd U.S. Circuit Court of Appeals ruled that a medical advocacy group, Do No Harm, didn’t have standing — or sufficient legal injury — to challenge Pfizer’s fellowship program that allegedly discriminated against White and Asian American applicants.

• Alex Swoyer can be reached at aswoyer@washingtontimes.com.