Posted on 05/28/2021 8:32:14 AM PDT by Presbyterian Reporter
Yesterday evening, a divided panel of the U.S. Court of Appeals for the Sixth Circuit granted a temporary injunction barring the Small Business Administration from prioritizing applications for COVID-19 relief funding based upon the race or sex of the business owner applying for the relief. Judge Amul Thapar wrote for the court, joined by Senior Judge Alan Norris. Judge Bernice Donald dissented.
Judge Thapar’s opinion in Vitolo v. Guzman begins with a simple and straightforward description of the case and holding: “This case is about whether the government can allocate limited coronavirus relief funds based on the race and sex of the applicants. We hold that it cannot.”
“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.’”
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No surprise re the dissent. Judge Bernice is a POC first appointed a district judge by Clinton and then appointed a court of appeals judge by Obama.
I wonder what her dissent was based on?
Amul Thapar [Dubya and Trump judge, Federalist Society member]
Alan Norris [Reagan judge]
Bernice Donald [RapinBill and Odiousbama judge]
No partisan judges, though - eh, "Jesters" Roberts, you lying pile of rotting dogsqueezins.
She's a Democrat.
The I'm sure the Administration knows they'd lose, and I suspect they would be very reluctant to give this Court that kind of open shot at race-based preferences.
BERNICE BOUIE DONALD, Circuit Judge, dissenting. It took nearly 200 years for the Supreme Court to firmly establish that our Constitution permits the government to use racebased classifications to remediate past discrimination. See Regents of Univ. of Cal. v. Bakke, 438 U.S. 265 (1978). It took only seven days for the majority to undermine that longstanding and enduring principle.
The majority’s conclusion that Plaintiffs are entitled to injunctive relief requires us to make several assumptions. The majority’s reasoning suggests we live in a world in which centuries of intentional discrimination and oppression of racial minorities have been eradicated. The majority’s reasoning suggests we live in a world in which the COVID-19 pandemic did not exacerbate the disparities enabled by those centuries of discrimination. The majority’s reasoning suggests that we live in a world in which Congress passed the Restaurant Revitalization Fund (“RRF”) not to aid the nation’s economic recovery, but to arbitrarily provide special treatment to racial minorities and women.
The majority’s reasoning leads it to a puzzling, if not predictable, conclusion that the twenty-one-day priority period in the RRF—a short-term, narrowly tailored, carefully calibrated measure designed to assist businesses most devastated by the pandemic—is unconstitutional. Because I find that the RRF is a carefully targeted measure necessitated by an unparalleled pandemic, and because Plaintiffs have not demonstrated irreparable harm or a likelihood of success on the merits, I dissent.
Sounds like this NaziCommie fronthole just got back from a Critical Race Theory seminar.
She's whining because she couldn't delay the emergency ruling.
Fighting like a Democrat - to the last breath.
If you don't have a victory, then delay, delay, delay.
“a short-term, narrowly tailored, carefully calibrated measure designed to assist businesses most devastated by the pandemic”
Huh? Why are you automatically “most devastated” simply because you are a black-owned or woman-owned business?
It was this same Court, the 6th District that shot down the ATF’s Bump Stock ban.
So far they’re kicking butt!
AND, she's taking senior status just now to give The Puppet Junta an appeals court pick, after holding out till the coup against Trump was complete.
Love your Tagline!!
I was just thinking to myself.... Gee, I wonder what color she is???
She's also a hardcore partisan CommCrat - see post #10.
Taking one for Team Puppet Junta.
As Biden says, racism is everywhere, everywhere!!
Wow. She’s a full-fledged Marxist racist.
So simple yet so profound.
Well, she did add, “because slavery!”
What a great line.
Feelings. Nothing more than feelings.
Trying to forget my feelings of love.
Teardrops. Rolling down my face...
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