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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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To: MtnClimber

A new self identity every other day works for everyone else so why not white farmers?


21 posted on 04/08/2024 7:27:06 AM PDT by bgill (.)
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To: Liz

I’m surprised the USDA has TIME to move cash around based upon race for farmer assistance. I thought their job these days was to administer Food Stamps - which moves cash around according to race...

*SMIRK*


22 posted on 04/08/2024 7:33:02 AM PDT by Diana in Wisconsin (I don't have, 'Hobbies.' I'm developing a robust Post-Apocalyptic skill set. )
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To: Tilted Irish Kilt

Another Briben unconstitutionality through highly immoral and unethical Ex/Orders:
<><>”Protecting Democracy” by eliminating primary voting,
<><>using ‘LAWFARE’ to eliminate or incarcerate opposition candidates.
<><>a direct assault on the foundation of the Constitution and the Bill of Rights.


Amen.


23 posted on 04/08/2024 7:41:17 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: Diana in Wisconsin

Hah.....nice comeback,


24 posted on 04/08/2024 7:42:07 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

Did you never read “Animal Farm”? Some animals are more equal than others.


25 posted on 04/08/2024 8:17:44 AM PDT by redangus ( )
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To: butlerweave

I’m getting sick of EVERY ad featuring Hip Hip and Rap background music. They both suk.


26 posted on 04/08/2024 8:21:43 AM PDT by Bloody Sam Roberts (Perfection is impossible. But if you pursue perfection...you may achieve excellence.)
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To: MtnClimber

My adopted son is 1/2 hispanic but living an upper middle class life. I mark everything with his heritage as long as the racial spoils system is in use, I am going to give him every advantage. Wrong, maybe but fighting fire with fire.


27 posted on 04/08/2024 9:09:43 AM PDT by gunnut
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To: Liz


28 posted on 04/08/2024 10:24:49 AM PDT by Iron Munro (When Islam dominates democracy, freedom and non-Islamic people die)
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To: Iron Munro

Gone.


29 posted on 04/08/2024 10:29:59 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: The Louiswu

I did a quick search at IMDB for the full quote.

Funny, they wouldn’t print it.

Revisionist history.

I’m also old enough to remember when humor was funny.


30 posted on 04/08/2024 1:01:51 PM PDT by Jacquerie (ArticleVBlog.com)
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To: sten

illegal to do... but not against whitey


31 posted on 04/08/2024 1:19:19 PM PDT by Iron Munro (When Islam dominates democracy, freedom and non-Islamic people die)
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To: Liz

Just identify as black, Asian, or whatever.


32 posted on 04/08/2024 2:08:44 PM PDT by SkyDancer (~A Bizjet Is Nothing But An Executive Mailing Tube ~)
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To: MtnClimber; .45 Long Colt; Apple Pan Dowdy; BDParrish; Big Red Badger; BlueDragon; boatbums; ...
If they are active faithful born again evangelical-type Christians (basically there are no others) then they are an undeserved minority, having transitioned from being part of a preferred majority to one that are marked by certain distinct affections and practices (which type of aspects renders the LGBTQ adherents a protected class), resulting from to born-again that way, thereby often experiencing marginalization, denigration (as by the homophobic slur) and often forms of economic sanctions and other punishments, and or even loss of freedoms.
33 posted on 04/08/2024 7:18:31 PM PDT by daniel1212 (Turn 2 the Lord Jesus who saves damned+destitute sinners on His acct, believe, b baptized+follow HIM)
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To: Liz

And all this time I was led to believe that it rains on the just and unjust alike.


34 posted on 04/08/2024 9:48:23 PM PDT by Elsie (Heck is where people, who don't believe in Gosh, think they are not going...)
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To: Iron Munro

I’m sure that’s photoshopped.

It should read “Equitable”.


35 posted on 04/08/2024 9:50:18 PM PDT by Elsie (Heck is where people, who don't believe in Gosh, think they are not going...)
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Comment #36 Removed by Moderator

To: Admin Moderator

You going to allow her to call me a Nazi?


37 posted on 04/09/2024 7:28:58 PM PDT by I got the rope
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