At least temporarily. Recall the American Rescue Plan Act which the Progressive-Democratic Party rammed through on strict party lines via reconciliation and that President Joe Biden (D) happily signed into law. That law
allows for automatic loan forgiveness up to 120% of the federal loan for farmers or ranchers who are “socially disadvantaged,” which is defined as “Black, American Indian/Alaskan Native, Hispanic, or Asian, or Hawaiian/Pacific Islander.”
It’s hard to get any more blatantly racist than that: it explicitly discriminates on the basis of race, barring Americans of the wrong race from participating at all in the program.
Union City, TN, farmer Robert Holman had sued the USDA, as administrator of the loan forgiveness program, on the basis of that blatant, intrinsic program racism. Last week, US District Judge S Thomas Anderson, Chief Judge of the Western District of Tennessee, issued an injunction against the USDA blocking it from issuing any forgivenesses until the case has made its way all the way through the courts and likely appeals.
Southeastern Legal Foundation General Counsel Kimberly Hermann, whose firm was one of two representing farmer Holman, has most of the right of it:
The Biden administration uses equity as a license to punish Americans—here farmers—because of their skin color. The Court’s order sends a clear message to President Biden that racially exclusive programs, whether on a farm or in a school, are unconstitutional.
Biden didn’t act alone on this, though. As noted above, the Progressive-Democratic Party—acting alone in Congress—passed the bill that Biden signed. His appointees in the Ag Department enthusiastically tried to act on that racism.
Heads up, though, and here’s the rest of the right of it: an injunction is only temporary and will be superseded by the district court’s final ruling. That ruling then will stand or fall on appeal, and the Biden administration’s and Progressive-Democrat-run Congress’ bigotry ultimately will be blocked or restored by the final appellate ruling.