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White Farmers Excluded From Biden Loan Forgiveness Program Sue To Stop “use of race discrimination as a tool to end ‘systemic racism’”

White Farmers Excluded From Biden Loan Forgiveness Program Sue To Stop “use of race discrimination as a tool to end ‘systemic racism’”

“Plaintiffs are farmers from Wisconsin, Minnesota, South Dakota, and Ohio who have direct loans with the Farm Service Agency (FSA) or loans backed by the United States Department of Agriculture (USDA). They are otherwise eligible for the loan-forgiveness program in ARPA, except for the color of their skin. As white farmers, Plaintiffs are ineligible for this government benefit.”

You can feel the Legal Resistance to the Biden administration growing. Finally.

As I have pointed out many times before, Democrats have a much larger and more active legal activist infrastructure. We saw it throughout the Trump presidency, with multiple lawsuits filed with days of almost every major Trump policy move. In the travel cases, which Trump ultimately won in the Supreme Court, lawsuits were filed in multiple federal district courts seeking nationwide injunctions. It took only one district court win for a policy to be stymied, even if ultimately Trump won.

While Democrats had their Legal Resistance ready to go the day Trump took office, Republicans were caught flat-footed when Biden rolled out dozens of executive orders and memoranda implementing a radical agenda. It took some time, but Republican state attorneys general stepped into the breach and have sued over the gutting of the immigration laws and enforcement, and disastrous energy and job-killing moves like canceling the Keystone XL Pipeline. It’s a start, but it has to get more agressive.

Among the most pernicious of the Biden policies is the attempt to hand out federal dollars based on race. There already is a lawsuit alleging Racial Discrimination Against Farmers And Ranchers:

Today, America First Legal (AFL) filed a lawsuit in the United States District Court for the Northern District of Texas to stop the Biden Administration from administering a program created by Congress in the American Rescue Plan Act of 2021 that discriminates against American citizen farmers and ranchers based upon their race. Specifically, Sections 1005 and 1006 of the American Rescue Plan Act of 2021 provide benefits to farmers and ranchers, but excludes many potential beneficiaries based solely upon their ethnicity or race.

Now, several white farmers have sued over loan forgiveness only for black and other minorities. The Daily Signal reports;

Christopher Baird owns a dairy farm near Ferryville in southwest Wisconsin, not far from the Mississippi River. He milks about 50 cows and farms approximately 80 acres of pasture.

Like a lot of farmers, Baird has direct loans through the U.S. Department of Agriculture’s Farm Service Agency.

But the dairy farmer isn’t entitled to a new FSA loan-forgiveness program provided as part of COVID-19 relief in the $2 trillion American Rescue Plan Act, legislation touted Wednesday night by President Joe Biden in his address to Congress.

Baird is white. He joined four other white farmers Thursday in suing federal officials over being left out.

You can read the complaint, Faust v. Vilsack – Wisconsin Farmer Discrimination Lawsuit – Complaint:


1. “The Constitution abhors classifications based on race . . . because every time the government places citizens on racial registers and makes race relevant to the provision of burdens or benefits, it demeans us all.” Grutter v. Bollinger, 539 U.S. 306, 353 (2003) (Thomas, J., concurring in part and dissenting in part). “Purchased at the price of immeasurable human suffering, the equal protection principle reflects our Nation’s understanding that such classifications ultimately have a destructive impact on the individual and our society.” Adarand Constructors, Inc. v. Peña, 515 U.S. 200, 240 (1995) (Thomas, J., concurring in part and concurring in judgment).

2. In March 2021, the United States retreated from the principle of equality under the law by enacting a race-based loan-forgiveness program in the American Rescue Plan Act of 2021 (ARPA). Among other things, ARPA provides billions of dollars of debt relief to “socially disadvantaged” farmers and ranchers. The phrase “socially disadvantaged” includes explicit racial classifications: to be eligible for ARPA’s debt relief, farmers and ranchers must be Black or African American, American Indian or Alaskan native, Hispanic or Latino, or Asian American or Pacific Islander. Other farmers—white farmers, for example—are ineligible.

3. Plaintiffs are farmers from Wisconsin, Minnesota, South Dakota, and Ohio who have direct loans with the Farm Service Agency (FSA) or loans backed by the United States Department of Agriculture (USDA). They are otherwise eligible for the loan-forgiveness program in ARPA, except for the color of their skin. As white farmers, Plaintiffs are ineligible for this government benefit.

4. Defendants are responsible for running this race-based loan-forgiveness program through USDA and FSA. Defendants assert that the purpose of this program is to remedy “systemic racism” in USDA and “across agriculture.” In other words, Defendants are attempting to cure societal discrimination—they specifically disavow that they are attempting to remedy “specific acts of discrimination.”

5. The United States Constitution “forbids” discrimination by the federal government “against any citizen because of his race.” Adarand Constructors, Inc., 515 U.S. at 216 (citations omitted). Any classifications based on race, therefore, must “be subjected to the most rigid scrutiny.” Id (citation omitted). So, when the government distributes “benefits on the basis of individual racial classifications,” as Defendants do in this case, the government bears the burden of meeting “strict scrutiny.” In other words, the government must prove that its discriminatory benefit is narrowly tailored and serves a compelling government interest. Id. at 227.

6. While Defendants’ public statements about ARPA describe their generalized goal of ending “systemic racism,” such broad goals do not override the constitutional ban on race discrimination. In fact, the Supreme Court has “rejected the interest in remedying societal discrimination because it had no logical stopping point.” Fisher v. Univ. of Texas at Austin, 570 U.S. 297, 318 (2013). In short, “[t]he way to stop discrimination on the basis of race is to stop discriminating on the basis of race.” Parents Involved in Cmty. Sch. v. Seattle Sch. Dist. No. 1, 551 U.S. 701, 748 (2007).

7. Defendants’ use of race discrimination as a tool to end “systemic racism,” is therefore unconstitutional and should be enjoined by this Court.

This lawsuit, and others sure to follow, could have huge implications for education as well. Present discrimination to remedy past discrimination is a foundational principle of Ibram X. Kendi’s “antiracism” philosophy that is a driving force from higher ed to K-12 activism. Court recognition that the Kendian “antiracism” approach when applied to farmers constitutes illegal racial discrimination could easily be applied to the race shaming and belittling of people based on race that has permeated so many educational institutions.


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Diversity [dogma], not limited to racism, denies individual dignity, individual conscience, and normalizes color blocs (e.g. people of white, a racist designation), color quotas, and affirmative discrimination.

    audax in reply to n.n. | May 4, 2021 at 3:47 am

    I’m so glad I moved to a 99.99% white Country where we do not have to have a “Conversation” on race.

    I’m so glad I moved to a Country with “No Mosques, nor will there ever be” as quoted by a former Prime Minister..

    I’m so glad I moved to a Country that has already “experienced” 45 years under the Soviet boot and doesn’t want anymore ‘Socialism”. Where 80% of the young are devoted Capitalists…

    …and the 21% flat tax isn’t bad either.

    …and the women are some of the most beautiful in the world.


      Paul in reply to audax. | May 7, 2021 at 5:38 pm

      Do you speak the language? Was it hard to emigrate there? Are you able to own property, start a business, work?

        Don’t you know? Paul, all you have to do is go to the country of your choice and demand that it provide every possible thing in your own language and meet all of your living expense needs. /sarc off

Imagine if this gets to the Roberts Supremely Corrupt Court?

    MattMusson in reply to | May 3, 2021 at 7:31 am

    Rejected because of no standing? Or, because racism is a tax?

    John Sullivan in reply to | May 3, 2021 at 1:34 pm

    C.J. Roberts would have to deny his own once-classic line:

    “The way to stop discrimination on the basis of race is to stop discriminating on the basis of race.”

    Parents Involved In Community Schools v. Seattle Sch. Dist. No. 1, 551 U.S. 701, 748 (2007).

    I hope he cannot have become that corrupted.

Nationwide injunction?


He still has enough brain cells left to know that a policy that directs aid by race is illegal. His handlers sure do know. But appeasing the woke mob is more important to them. Why ? Because they feel they have already won. So they do not have to hide their distain for white farmers – most of whom likely voted for Trump.

    “Biden” isn’t anything. He’s a puppet. Susan Rice and Anita Dunn run our government. THEY are the racists.

      About time this happened.

      There was a man that wasn’t there.
      He wasn’t there again today.
      How I wish He’d go away.

      (I cant remember where I remember that from.)

        The Friendly Grizzly in reply to tom. | May 3, 2021 at 4:21 am

        Larry Clinton’s band on 40s Junction. They have the song on rotation.

        lgbmiel in reply to tom. | May 3, 2021 at 11:32 am

        Antigonish [I met a man who wasn’t there]
        Hughes Mearns

        Yesterday, upon the stair,
        I met a man who wasn’t there
        He wasn’t there again today
        I wish, I wish he’d go away…

        When I came home last night at three
        The man was waiting there for me
        But when I looked around the hall
        I couldn’t see him there at all!
        Go away, go away, don’t you come back any more!
        Go away, go away, and please don’t slam the door… (slam!)

        Last night I saw upon the stair
        A little man who wasn’t there
        He wasn’t there again today
        Oh, how I wish he’d go away

        Objectively; the soul is a gift immaterial COLORLESS eternal personal individual free invisible indivisible immortal seat of wisdom & love wounded, and we all have one.
        Racists are obsessed with race and themselves.
        You have to know yourself to think for yourself and you have to know God a little to know yourself.
        Democrats have dead souls; they kill babies. You know: do unto others… Pray for them. They’re on the not so funny farm

        CharlieMack in reply to tom. | May 3, 2021 at 9:14 pm

        My mom would recite this when I was having a nightmare:

        Last night I saw upon the stair,
        A little man who was not there,
        He wasn’t there again today,
        Oh gee I wish he’d go away.

The Friendly Grizzly | May 2, 2021 at 10:24 pm

So. Which membee of Congress will be the first to speak up?

    Jazzizhep in reply to The Friendly Grizzly. | May 3, 2021 at 3:04 pm

    Why should they? Just let the courts do it all.

    While this is a direct assault against The Constitution and should be examined, I still dislike either party using the courts to do what can’t be done legislatively.

    henrybowman in reply to The Friendly Grizzly. | May 3, 2021 at 7:43 pm

    I’m not sure whether this makes any more sense than demanding that a random presidential candidate who’s never even met David Duke has to publicly repudiate him.

    Congress had no part in any of this. Biden signed an EO like a dictator it spawned a lawsuit, and the judicial branch will get involved. The legislature really has no dog in this fight. Frankly, I applaud them for NOT doing the only thing they can do, which would be to pass a new law saying “this shit’s illegal,” when there are already plenty of existing laws that already say that.

    (But they could name it “Biden’s Law,” like all the other laws named after retarded children.)

Subotai Bahadur | May 2, 2021 at 10:36 pm

The Regime controls all three branches, including the Judiciary. The Supreme Court, with two exceptions, is totally controlled by the Leftists. Neither law nor precedent will keep courts from ruling that Civil Rights law does not apply to any non-enumerated protected class, said enumeration being changeable at whim. They will find an emanation of a penumbra that will allow the use of foreign law here, like Democrat Justices have wanted for generations. Specifically the 2018 South African amendment to Section 25 of their constitution that allowed seizure of white owned farmland without compensation.

It is gonna get hungry out.

Subotai Bahadur

    IMO we are in this spot because of the nomination of Sessions, Rosenstein, Barr, Wray, three SCOTUS judges, and failure to otherwise drain the Swamp. I wonder who might be responsible for that?

    While the obvious answer is Trump, the less obvious choice is Kushner, his son-in-law. I have read that Christie wanted the AG job, but Kushner prevailed on Trump to kick CC off the transition team and out of consideration for AG because he had put Kushner’s father in prison, following a rather salacious crime.

    CC was a long time friend of Trump, a Federal prosecutor, two time governor of a heavily Democratic state, and a smart politician. Trump forgot the lesson of JFK in picking Bobby Kennedy as AG and Obama in picking Holder. I believe that had Trump picked CC, he would still be President and we would have none of these problems.

      Christie is a disgusting swamp thing. Trump made the right call on him. But I’ll grant you that Trump left too many of the wrong people in positions they shouldn’t have had long after he should have fired them. He’s no doubt learned from his mistakes.

        JusticeDelivered in reply to Fuzzy Slippers. | May 3, 2021 at 1:30 am

        “He’s no doubt learned from his mistakes.”

        We all have, and I find it hard to blame Trump, one usually does not know who is swamp until they are stabbed in the back.

          Exactly! I think if Trump had it to do over again, with his first term under his belt, he’d do things very differently. He gets it now, but I do think he was a bit naive about how deep and wide the swamp. He also was prone to succumbing to flattery (how Barr got his job), and that is a weakness he must see and correct. I’d love to see Trump as president again, but honestly, I don’t see it happening (I don’t think he’ll run again, not that I think he’d lose, though if the 2020 shennanigans are any indication, he just might, even if he wins).

          Instead, we have to make sure the remaining NeverTrumpers are party outsiders, fringe lunatics unworthy of status or influence. Trump did great at that. How many NeverTrumpers failed to seek reelection on “principled” anti-Trump grounds? Oh. My. God. It was beautiful! We shed Flake and how many others, all gone because they were awful progressive lunatics. That’s the standard we must uphold.

          First up, Liz Cheney has to go. She is poison. I don’t care if her replacement is just as squishie and anti-Trump; in fact, that may be best because Wyoming apparently loves that about Liz. But she is in an important House leadership position (due to her name, not her ability), ripe to bring the GOP back to the Bush-Cheney post-9/11, big government powergrab, and let’s kill everyone everywhere crazy. She has to go. Some nobody anti-Trumper is . . . well, a nobody anti-Trumper, not #3(ish) in GOP House leadership like Liz. Better the nobody everyone ignores, than the somebody who has very real, destrucctive influence.

        Danny in reply to Fuzzy Slippers. | May 3, 2021 at 2:07 pm

        Don’t be too hard on him he has good aesthetic tastes for example I heard the name of his next campaign will be “A Bridge too far” or I may have misheard him saying “A fridge too far”.

      TrickyRicky in reply to jb4. | May 3, 2021 at 2:29 pm

      I was done with CC after his unbelievable slobbering love fest with Obama on the Jersey beach in the aftermath of Hurricane Sandy. The week of the 2012 election. Utterly unforgivable in my estimation.

      henrybowman in reply to jb4. | May 3, 2021 at 7:47 pm

      Insanity. Chris Christie is Mitt Romney and John McCain shoehorned into the same suit of clothes.

    Diversity, inequity, and exclusion. Progressive South Africa is one of the few modern nations with an established Pro-Choice religion, and, not coincidentally, systemic diversity past, present, and progressive.

Bet Roberts, the ‘conservative’ made Chief Justice by the ‘conservative’ GWB and the GOPe, has no problem with it.

jack crabb | May 3, 2021 at 5:21 am

Even just the idea of the program, to forgive loans to black farmers based on systemic racism, is logically farcical. What system is USDA even talking about? Their own? Can’t be, racial discrimination is outlawed. If there was systemic racism in their loan programs they would have been sued, etc. No finding.

So how can they justify the broad brush of systemic racism somewhere else? Again, no finding. To just make the taxpayer on the hook for some unknown, unidentified, unlitigated claims of systemic racism somewhere else is patently ridiculous.

The fastest way to shut this abhorrent discrimination down before the funds are all allocated while this case goes up the courts if the first one doesnt issue a nationwide injunction — “So sorry, nothing left for the whites” — is to sue the individual administrators of the program as individuals as well. This one is so clearly unconstitutional that the courts might deny qualified liability.. if you’re a USDA lifer, do you really want to risk your personal assets to implement leftist social theory?

This is so outrageous and contemptible, but, the Dhimmi-crats are now completely unabashed, unperturbed and unashamed in openly discriminating against certain Americans, based upon their race, and, in promoting brazenly and blatantly unconstitutional, race-based spending of taxpayers’ dollars. All behavior rationalized by their vicious “social justice” and “equity” agenda.

I am a democrat and I am appalled that Biden has capitulated to. this racial discrimination against whites who would otherwise qualify. This is not the only example. Criminal justice reform has a lot of arguments to dilute penalties because arrests for crimes have a disparate impact–for example in CA there is a bill to reduce robbery to petty theft from felony to misdemeanor even with the threat of force or fear as long as a deadly weapon is not used or great bodily harm is not done to the victim and the theft is less than $950 because of disparate impact. Virtually the only ones concerned are the Asian community because of the recent attacks on Asians. What the criminal justice reform fails to account for is that there is a disparate impact on victims who are also more likely to be minorities as well as the perpetrators. Also the CDC was recommending vaccines be given to minorities first as oppposed to the elderly who have more whites. Fortunately, the criticism of this proposal put a stop to it. I believe the courts will reverse this discrimination if they follow precedent but I hope the public speaks out and the media is able to shame the Biden administration into rescinding this. I think this is the influence of Harris–this is her agenda. I voted for Biden to avoid this kind of extremism and divisiveness based on race, sex, gender but it is very strong in the party righ now due to the hijacking by BLM and CRT.

    Dathurtz in reply to Samantha. | May 3, 2021 at 11:41 am

    I just have to know. I’m not trying to be mean or confrontational, but I am genuinely curious. What made you think that a vote for Biden was a vote to avoid this kind of extremism?

      henrybowman in reply to Dathurtz. | May 3, 2021 at 8:01 pm

      There was an entire group called Pro-Life Evangelicals for Biden whose logic I would love to see in detail.

    Owego in reply to Samantha. | May 4, 2021 at 3:29 am

    This racism has been strong in the Democrat party for nearly a half century now. Today, they no longer even try to hide it, it is blatant and in your face, we dare you to do anything about it. And if you expect Biden or any of the rest of them to be shamed into reversing a policy, you’re in for another disappointment, they cannot be shamed.

command_liner | May 3, 2021 at 10:44 am

Reading the ruling in Griggs v Duke Power, where the logic was based on CRA ’64, there is one key sentence.

“Discriminatory preference for any group, minority or majority, is precisely and only what Congress has proscribed.”

I cannot see how this action by Biden will stand.

This is even more outrageous when you consider the fact that this is being done in addition to the so-called Pigford Settlement, in which the U.S. government handed out billions of taxpayer dollars to black farmers, and people claiming that they once thought about becoming black farmers, to compensate them for alleged past discrimination.

    henrybowman in reply to Observer. | May 3, 2021 at 8:03 pm

    Oh, demands for reparations, like any other form of blackmail, never end. Past performance is no indication of immunity to future performance.

completely constitutional

Just read sotomayer’s dissent in Shutte v Bamn (joined by Ginsburg!) oops it was her dissent

Just read ricci – oops overturned by scotus.

Completely constitutional – just dont read 14A

“Black” Angus cattle are the most popular breed in the US – maybe White farmers should tell the biden admin that black cows co-signed the loan

Dems want to stop racism by using racism.

I wonder how the money is supposed to be distributed. I mean Pigford was lump-sum per farmer, since minority farmers tend to far smaller pieces of land, and to distribute by acre would have left a lot of the targeted groups with loose change, and a few of the highly successful farmer with most of the money.

2smartforlibs | May 4, 2021 at 12:48 pm

At one time your last name was enough to get you turned down for a Gpv, frame loan.

Non-white. Does that include the Jolly Green Giant? Does this senile old bastard have any idea what he is doing?