Conservatives have racked up massive wins in the courts: ending deference to government agencies, ending protections for abortion, expanding religious liberty, and many more. Lawsuits are also holding companies accountable for radical, woke diversity, equity, and inclusion and environmental, social, and governance policies. So why are Sens. Chuck Grassley (R-IA) and Thom Tillis (R-NC) pushing a bill that would protect woke corporations from conservative lawsuits?
The “Litigation Funding Transparency Act of 2026” would make it harder for everyday Americans to hold woke corporations accountable in court by doxxing the funders of these lawsuits. Unsurprisingly, the bill is endorsed by the U.S. Chamber of Commerce, Big Tech firms, and insurance giants. They want to bury meritorious lawsuits before they ever see a courtroom. In the name of transparency, this bill would be a weapon for powerful institutions to wield against anyone brave enough to sue them.
None of this is theoretical as conservatives continue to fight back against woke insanity. When Target lost billions in market value after promoting harmful gender ideology and embracing DEI, shareholders sued the company. American Airlines has faced similar class-action lawsuits against ESG policies that affected pilots’ retirement plans. Cases like these hold companies accountable for putting woke activism ahead of consumers and employees.
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Here’s the catch: these lawsuits are extraordinarily expensive. Ordinary people do not have the funds to challenge global retail chains, big banks, and other woke behemoths. Taking these lawsuits to the finish line usually means someone else pays the costs of litigation, then gets paid back if the case is won. Law firms do this all the time, working “on contingency.” But nearly all big law firms have either gone woke or been easily cowed by leftist threats. This is why conservative cases are often paid for by third-party investors.
By targeting these investors, the Litigation Funding Transparency Act could starve future conservative cases and protect woke institutions. Right now, litigation funders — who may be conservative donors or may just know a good case when they see one — can support meritorious cases without being targeted, harassed, debanked, or worse. The Senate bill, along with a similar measure in the House, would upend this level playing field.
Litigation funders make it possible for “the little guy” to stand up against the abuses of mega-corporations and other giant institutions. These investors have every incentive to put money into legitimate cases, since they are only paid back if the case succeeds. The legal process remains subject to existing ethics rules and judicial oversight. Again, litigation funders are only doing what law firms do every day, advancing funds to pay lawsuit costs — except these investors are more likely to help conservatives.
Tillis, the lead co-sponsor on the bill, should know better. Last summer, his proposal to slap punitive taxes on litigation funding failed when conservatives called out the scheme as an attempt to stop meritorious lawsuits that hold bad actors accountable. Despite this, Tillis is also pushing his so-called “Tackling Predatory Litigation Funding Act.” The bill is endorsed by the usual suspects: insurance giants like Chubb, whose woke policies have been exposed by conservative groups, and big tech firms like Uber, which faces litigation after multiple users were sexually assaulted by drivers.
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Should a sexual assault victim lose her case simply because she can’t afford it? Should the wealth of giant corporations give them de facto legal immunity? This is not how the American legal system is supposed to work. And on the left, where big law firms happily do pro bono work for far-left causes, it doesn’t work that way.
Access to the courts is a fundamental American right. It is essential to the rule of law. Unfortunately, the cost of litigation means justice is always at risk of favoring those with the deepest pockets. Litigation funding helps to balance the scales of justice so that even the “little guy” can stand up in court to vindicate his rights.
Trent England is the executive director and founder of Save Our States and resides in Oklahoma City.