The Biden administration suffered yet another legal defeat for one of its race-based policies.
Breaking WIN: Tennessee federal district court halts the @USDA racially discriminatory farm loan forgiveness program that excludes white farmers.
HUGE win for equality and the Constitution!
— SLF_Liberty (@slf_liberty) July 8, 2021
“Breaking WIN: Tennessee federal district court halts the USDA racially discriminatory farm loan forgiveness program that excludes white farmers,” the Southeastern Legal Foundation announced. “HUGE win for equality and the Constitution!”
The court issued a preliminary injunction to stop the farm loan forgiveness program from discriminating against white farmers.
“Therefore, the only way to preserve the status quo is for the Court to issue a nationwide injunction,” the ruling states. “Accordingly, Plaintiff’s motion for a preliminary injunction is GRANTED, and Defendants are hereby enjoined from implementing Section 1005.”
The July 8th decision buttresses earlier defeats for the Biden administration’s race-based farm aid program. In June, a Wisconsin judge put a halt to the program.
Milwaukee District Judge William Griesbach issued a temporary restraining order, noting the White farmers “are likely to succeed on the merits of their claim” that the U.S. Department of Agriculture’s (USDA) “use of race-based criteria in the administration of the program violates their right to equal protection under the law,” according to NBC News.
“The obvious response to a government agency that claims it continues to discriminate against farmers because of their race or national origin is to direct it to stop: it is not to direct it to intentionally discriminate against others on the basis of their race and national origin,” Griesbach continued.
The USDA said it disagreed with the restraining order.
“We respectfully disagree with this temporary order and USDA will continue to forcefully defend our ability to carry out this act of Congress and deliver debt relief to socially disadvantaged borrowers,” a USDA spokesperson told Fox News. “When the temporary order is lifted, USDA will be prepared to provide the debt relief authorized by Congress.”
It looks like another judge disagrees. It continues a string of legal defeats for Biden’s race-based policies.
In May, racialized elements of the COVID-19 pandemic response, including a restaurant aid program within the American Rescue Plan, were defeated in the Sixth Circuit.
“This case is about whether the government can allocate limited coronavirus relief funds based on the race and sex of the applicants,” Judge Thapar ruled. “We hold that it cannot.”
“The Small Business Administration has injected explicit racial and ethnic preferences into the priority process,” the ruling continued. “Under a regulation that predates the pandemic, the agency presumes certain applicants are socially disadvantaged based solely on their race or ethnicity. Groups that presumptively qualify as socially disadvantaged—and thus get to jump to the front of the line for priority consideration—include ‘Black Americans,’ ‘Hispanic Americans,’ ‘Asian Pacific Americans,’ ‘Native Americans,’ and ‘Subcontinent Asian Americans.’ If you are in one of these groups, the Small Business Administration assumes you qualify as socially disadvantaged. Indeed, the only way not to qualify is if someone comes forward ‘with credible evidence to the contrary’.”
As the SBA’s funding proceeded past the initial emergency funding phase, it continued to implement racial and sexual bias in its decisions.
“There is an obvious solution to this of course: The agency can simply fund grants in the order they were received—without regard to priority status, and without regard to the processing head start that many applications received on the basis of race and sex,” the ruling noted.
Judge Thapar’s conclusion is particularly stinging.
“It has been twenty-five years since the Supreme Court struck down the race-conscious policies in Adarand. And it has been nearly twenty years since the Supreme Court struck down the racial preferences in Gratz. As today’s case shows once again, the ‘way to stop discrimination on the basis of race is to stop discriminating on the basis of race.’”
It looks like the Biden administration hasn’t quite yet got the message. Slowly, with enough court defeats, one would think that it might.
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