Posted on 06/25/2021 7:54:15 AM PDT by Red Badger
Federal Judge Marcia Morales Howard in Florida issued a preliminary injunction against President Joe Biden’s plan to offer loan forgiveness to black and other minority farmers but not to indebted white farmers, and said it is an attempt to address discrimination while practicing discrimination.
Howard, who was appointed by former President George W. Bush, wrote in the decision:
The Constitution’s promise of equal justice under the law is that the government will treat people as individuals, not simply as members of their racial group. “In the eyes of government, we are just one race here. It is American,” 515 U.S. 200, 239 (1995) (Scalia, J., concurring), and all Americans are entitled to equal treatment regardless of color. Plaintiff Scott Wynn brings this lawsuit to challenge a law that distributes benefits and burdens on the basis of race in violation of the Fifth Amendment to the Constitution.
The lawsuit was brought by Scott Wynn, who is being represented by the Pacific Legal Foundation, which tells his story on its website:
Scott Wynn is a lifelong farmer who has run Wynn Farms in Jennings, Florida, producing sweet potatoes, corn, and cattle since 2006. COVID-19, however, hit the family’s finances hard. Steep drops in beef prices and too little help and supplies to grow sweet potatoes meant less income, nearly all of which went toward federal farm loan repayment. A farm loan forgiveness provision is baked into the COVID-19-driven American Rescue Plan Act of 2021, but Scott is not eligible—because he is white. The law allows loan forgiveness of up to 120 percent but only for minority farmers and ranchers, who the law automatically treats as “socially disadvantaged,” regardless of their individual circumstances. Because government cannot use racial classifications to decide who gets government benefits and burdens, Scott is fighting back to restore...
(Excerpt) Read more at breitbart.com ...
Based on Race
So much for his spewing white racism.
This is an old political trick like “FREE BEER TOMORROW!”
They promise black farmers a big windfall, knowing full well it will be shot down in the courts.
Like daddy promising kids ice cream for lunch and then mommy shuts it down.
They get the political support of the blacks for doing nothing.....................
I just read an article on SCOTUS decision from the Bakke case:
“As Justices Brennan, White, Marshall, and Blackmun stated ... in their concurrence in Bakke, “Candor requires acknowledgment that the Framers of our Constitution, to forge the 13 Colonies into one Nation, openly compromised this principle of equality with its antithesis: slavery. The consequences of this compromise are well known and have aptly been called our ‘American Dilemma’. Still, it is well to recount how recent the time has been, if it has yet come, when the promise of our principles has flowered into the actuality of equal opportunity for all regardless of race or color.”
Furthermore, the justices go on to explain that “claims that law must be ‘color-blind’...must be seen as aspiration rather than as description of reality.” For “we cannot...let color blindness become myopia which masks the reality that many ‘created equal’ have been treated within our lifetimes as inferior both by the law and by their fellow citizens.” Regents of U. of California v. Bakke, 438 U.S. 265, 327 (1978)”
....
This is totally mind-boggling that after 43 years this line of thinking has become so pervasive and prevalent. Reflecting further:
The War on POVERTY - ongoing still
The War on DRUGS - ongoing, but we are negotiating a surrender
The War on RACIAL PREFERENCES - continues to rage like Small Pox (or Ebola?)
God have mercy on the USA!
Amen
So Captain Obvious is a judge now.
Excellent point.
Narrowly treated or not, it is a blatant violation of the 14th amendment’s equal protection clause. There are numerous precedents in many areas. The government simply cannot discriminate.
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