Professor Roger Colinvaux of Catholic Law recently published an article titled "Charitable Giving and Civil Rights: A Defense of Private Remedial Action" in the Yale Law Journal. In the article, Colinvaux addresses recent criticisms of private remedial action, arguing that these critiques lack support in both law and public policy. He explains that the longstanding practice of charities providing targeted assistance does not amount to illegal discrimination. Instead, he notes that Congress has not enacted civil rights laws aimed at restricting donative assistance, and that public policy and First Amendment protections uphold the ability of private groups to address social issues without government interference.

Colinvaux also underscores the vital role charities play in tackling societal challenges. He calls for courts and the IRS to establish standards for private remedial action that align with common-law principles of charity and recognize the importance of charitable efforts in a diverse and free society. Whether through a return to the pre-Fearless Fund status quo or new legislation, Colinvaux advocates for a thoughtful approach that allows charities to continue addressing social problems effectively and independently.