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Texas farmers ask judge to block USDA from doling out disaster aid based on race or gender
Just the News ^ | 7 Apr, 2024 | John Solomon

Posted on 04/08/2024 6:10:13 AM PDT by MtnClimber

“When natural disasters strike, they don’t discriminate based on race and sex. Neither should the Department of Agriculture,” request for federal injunction says.

A group of white farmers in Texas is asking a federal judge to block the U.S. Department of Agriculture from using race, gender or other “socially disadvantaged” traits to determine who gets disaster and pandemic farm aid and how much, arguing the agency’s current administration of eight emergency funding programs is unconstitutionally discriminatory.

“When natural disasters strike, they don’t discriminate based on race and sex. Neither should the Department of Agriculture,” the group of farmers wrote in a court filing made public Monday.

The farmers, represented the nonprofit legal firm called the Southeastern Legal Foundation, asked a judge to issue an emergency injunction from the U.S. District Court in Amarillo, Texas, to stop any additional awards from being made on the basis of race and gender or other liberal standards.

“Enjoining USDA from using race, sex, or progressive factoring when administering the programs is warranted because Plaintiffs are likely to succeed on the merits of their claims that: (1) the programs, as currently administered, are unconstitutional; (2) USDA lacks statutory authority to run the programs in their current form; and (3) USDA failed to adequately explain changes in calculating payments when implementing progressive factoring,” the motion stated.

The farmers said the Biden administration has taken roughly $25 billion in disaster and pandemic aid approved by Congress for farmers in eight programs and devised a system to make awards based on race, gender or other “socially disadvantaged” traits. Such decision-making violates the Constitution’s Fifth Amendment and the Administrative Procedures Act.

“The Constitution promises equal treatment to all Americans regardless of their race or sex," the court filing also reads. "It also promises the separation of powers. USDA broke both promises through the disaster and pandemic relief programs challenged here."

The farmers said they can prove that “USDA gives more money to some farmers based on” race, gender or other factors never approved by Congress.

“USDA does this by first defining farmers who are black/African-American, American Indian, Alaskan native, Hispanic, Asian-American, Native Hawaiian, Pacific Islander, or a woman as ‘socially disadvantaged,’” the court filing said. “Then, it provides farmers who qualify as socially disadvantaged more money for the same loss than those it deems non-underserved, along with other preferential treatment”

The request for an injunction relies in part of the Supreme Court’s landmark decision last year banning racial preferences in college admissions. It even quoted from the high court’s declaration that “eliminating racial discrimination means eliminating all of it.”

USDA's program appears to be rooted in an executive order that President Joe Biden signed.

Lawyers for the plaintiff told Just the News they believe they have a strong case to win the injunction while litigating the larger case.

“Disasters don’t discriminate and neither should USDA. In fact, the Constitution prohibits it,” the lawyers said in a statement. “That is why our brave clients – a group of Texas farmers that includes three white men who received significantly less money in disaster relief funds from USDA than if they had been of a different race or sex – filed this case and are asking the court to stop USDA’s blatant discrimination.”

The lawsuit names the USDA and Biden Agriculture Secretary Tom Vilsack. The farmers bringing the action include Rusty Strickland, Alan and Amy West and Bryan Baker, all of Texas.


TOPICS: Business/Economy; Front Page News; Government; Politics/Elections
KEYWORDS: agriculture; blm; cancelculture; discrimination; division; doublestandard; race; racism; texas; usda; wokeism
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1 posted on 04/08/2024 6:10:13 AM PDT by MtnClimber
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To: MtnClimber

Lets see you and them fight.


2 posted on 04/08/2024 6:10:22 AM PDT by MtnClimber (For photos of scenery and wildlife, click on my screen name for my FR home page. More photos added.)
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To: MtnClimber
“When natural disasters strike, they don’t discriminate based on race and sex. Neither should the Department of Agriculture,” request for federal injunction says.

Exactly.

3 posted on 04/08/2024 6:15:56 AM PDT by metmom (He who testifies to these things says, “Surely I am coming soon.” Amen. Come, Lord Jesus…)
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To: MtnClimber

White Male Leftists say White Males are BAD , it’s in all TV ads now ,LOL


4 posted on 04/08/2024 6:16:00 AM PDT by butlerweave
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To: MtnClimber

I thought this was previously already thrown out?


5 posted on 04/08/2024 6:26:53 AM PDT by Reno89519 (If Biden is mentally unfit to stand trial, he is mentally unfit to be president. He needs to resign.)
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To: MtnClimber

illegal to do... but not against whitey


6 posted on 04/08/2024 6:27:33 AM PDT by sten (fighting tyranny never goes out of style)
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To: MtnClimber
USDA's program appears to be rooted in an executive order that President Joe Biden signed.

Biden routinly ignores The Constitution and SCOTUS decisions such as paying off student loans - while the DOJ looks the other way.

They're too busy trying to convict Trump on phony charges.

7 posted on 04/08/2024 6:29:14 AM PDT by Bon of Babble (You Say You Want a Revolution?)
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To: MtnClimber

Biden is bringing back the NINA laws, No Irish Need Apply


8 posted on 04/08/2024 6:30:16 AM PDT by Titus-Maximus (The trouble with socialism is that you soon run out of other people's zoo animals to eat.)
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To: butlerweave

You mean “white”. Pretty much all the whote male leftists on TV are jews.


9 posted on 04/08/2024 6:31:17 AM PDT by I got the rope
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To: Bon of Babble

It’s not Brandon, it’s the racist still residing in DC doing this. Brandon is just the puppet, he rarely is cognizant of anything.


10 posted on 04/08/2024 6:32:12 AM PDT by lula (1984)
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To: Titus-Maximus
no-irish
11 posted on 04/08/2024 6:33:36 AM PDT by The Louiswu (Pray for Peace in the world.)
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To: GOPJ; poconopundit; Jane Long; Diana in Wisconsin; Grampa Dave; Godzilla; Vaduz; null and void; ...

Contact Congress:
(202) 224-3121
U.S. House switchboard operator.


Message: USDA policy giving money to DEI-rated farmers based on” race, gender, and other convoluted factors, was never approved by Congress.

USDA policy——rooted, not in law, but in a Biden executive order——labels farmers as black/African-American, American Indian, Alaskan native, Hispanic, Asian-American, Native Hawaiian, Pacific Islander, or a woman, as ‘socially disadvantaged. Then farmers labeled “socially disadvantaged,” get extra tax dollars, along with other preferential treatment”


12 posted on 04/08/2024 6:35:14 AM PDT by Liz (This then is how we should pray: Our Father who art in heaven, Hallowed be thy name. )
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To: Liz

Silly me! I thought this was illegal!...................


13 posted on 04/08/2024 6:38:49 AM PDT by Red Badger (Homeless veterans camp in the streets while illegals are put up in 5 Star hotels....................)
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To: MtnClimber

“”The farmers, represented the nonprofit legal firm called the Southeastern Legal Foundation,””

WEIRD writing.....also Vilsack at it again....He likes controversy - he’s been there before in a previous administration!


14 posted on 04/08/2024 6:49:10 AM PDT by Thank You Rush
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To: MtnClimber
How is it possible/legal that any government institution be allowed to determine benefits based on race or gender? What happened to "we're all equal under the law"?

DEI government institutions and their facilitators need to be sued into oblivion.

15 posted on 04/08/2024 6:53:36 AM PDT by JesusIsLord
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To: Red Badger

Stop being so silly.....snx.


16 posted on 04/08/2024 6:59:58 AM PDT by Liz (This then is how we should pray: Our Father who art in heaven, Hallowed be thy name. )
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To: JesusIsLord
How is it possible/legal that any government institution be allowed to determine benefits based on race or gender? What happened to "we're all equal under the law"?

It has been going on for years under the rubric of "affirmative action".

Several Supreme Court decisions have hemmed and hawed and found ways to creatively allow the discrimination against white people and, especially, Asians, to continue.

A current case coming to the Supreme Court, on discrimination against Asians in the Ivy league colleges is coming up, I recall.

17 posted on 04/08/2024 7:15:05 AM PDT by marktwain (The Republic is at risk. Resistance to the Democratic Party is Resistance to Tyranny. )
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To: marktwain

“years” should be “decades”


18 posted on 04/08/2024 7:15:40 AM PDT by marktwain (The Republic is at risk. Resistance to the Democratic Party is Resistance to Tyranny. )
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To: All
Biden issued some 42 ex/orders per year since taking office. As of March 31, 2024, he signed
<>137 executive orders,
<>171 presidential memoranda,
<>579 proclamations,
<>and 118 notices.

Biden's first day in office......eviscerating all of Trump's good works for Americans.

This was planned well in advance....while Biden was stealing 2020 from Trump.

19 posted on 04/08/2024 7:19:17 AM PDT by Liz (This then is how we should pray: Our Father who art in heaven, Hallowed be thy name. )
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To: Liz; 4everontheRight; 4Liberty; 5thGenTexan; 45semi; 101stAirborneVet; 300winmag; Abigail Adams; ...
Re-post of Posting #12 :

" Contact Congress:
(202) 224-3121
U.S. House switchboard operator."

"Message: USDA policy giving money to DEI-rated farmers based on” race, gender,
and other convoluted factors, was never approved by Congress."
-----------------------------------------------------------------

"USDA policy——rooted, not in law, but in a Biden executive order——labels farmers as black/African-American, American Indian, Alaskan native, Hispanic, Asian-American,
Native Hawaiian, Pacific Islander, or a woman, as ‘socially disadvantaged.
Then farmers labeled “socially disadvantaged,” get extra tax dollars, along with other preferential treatment ” (Emphasis mine)

Another Briben unconstitutional FUBAR through Executive Order !
It rates as highly immoral and unethical conduct such as: ' Protecting our Democracy' by eliminating primary voting,
or using 'LAWFARE' to eliminate or incarcerate opposition candidates.
This, however, cuts right through and is a direct assault on the foundation of the Constitution and the Bill of Rights !
Please call !

20 posted on 04/08/2024 7:25:21 AM PDT by Tilted Irish Kilt
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