The Biden Administration has emphasized racial and gender prioritization in a variety of programs from vaccinations to pandemic relief. One such program doled out billions to restaurants based on racial and gender priorities that were challenged in various lawsuits. A Texas judge has now blocked that effort as unconstitutional discrimination and enjoined the Administration from giving such preferential treatment based on racial and gender classifications.
Under the Restaurant Revitalization Fund, the Administration announced that it would give priority to businesses owned by women, racial minorities, veterans, and other “socially and economically disadvantaged.” Philip Greer a white restaurant owner, sued over race and gender discrimination. In a 18-page decision, U.S. District Judge Reed O’Connor found that Greer is “experiencing race and sex discrimination at the hand of government officials” in the Biden Administration. Greer owns the Greer’s Ranch Café, and claims to have lost nearly $100,000 in revenue during the coronavirus pandemic.
The American Rescue Plan Act of 2021 (“ARPA”) is administered by the Small Business Administration (“SBA”) but Greer told the court that he did not submit an application because he was barred from consideration for the program’s first twenty-one days from May 3 to May 24, 2021. ARPA mandates that the SBA “take such steps as necessary” to prioritize eligible restaurants “owned and controlled” by “women,” by “veterans,” and by those “socially and economically disadvantaged.”
Notably, both parties agreed that strict scrutiny applied, but the Biden Administration insisted that such race and gender classification were needed to “remedy the effects of past and present discrimination”. Nevertheless, the court found that the Administration was engaging in racial and gender discrimination. Judge O’Connor held:
This evidence largely falters for the same reasoning outlined above—it lacks the industry specific inquiry needed to support a compelling interest for a government-imposed racial classification. While the Court is mindful of these statistical disparities and expert conclusions based on those disparities, “[d]efining these sorts of injuries as ‘identified discrimination’ would give . . . governments license to create a patchwork of racial preferences based on statistical generalizations about any particular field of endeavor.” Croson, 488 U.S. at 499; see also Adarand, 515 U.S. 200 (extending Croson’s holding to the federal government). “Racial classifications are suspect, and that means that simple legislative assurances of good intention cannot suffice.” Id. at 500.
Thus, the Court concludes that the government has failed to prove that it likely has a compelling interest in “remedying the effects of past and present discrimination” in the restaurant industry during the COVID-19 pandemic. For the same reason, the Court finds that Defendants have failed to show an “important governmental objective” or “exceedingly persuasive justification”9 necessary to support a sex-based classification.
Notably, the Congress and the Biden Administration also used such gender and racial classifications in other aid programs like the aid given to black but not white farmers.
The court issued the injunction because it found that “The evidence submitted by plaintiffs indicates that the entire $28.6 billion in the Restaurant Revitalization Fund may be depleted before plaintiffs’ application can be considered for relief under the program.”
Our US Government is imposing a secular theology that violates the Constitution’s Establishment Clause prohibiting government from imposing religious beliefs, according to Attorney General Bill Barr speech in Naples, Florida.
You can’t find this speech on a google search–which means it must be important
https://adflegal.org/william-barr-interview
I want to take a few moments to speak with you about the greatest threat to religious liberty in America today: the increasingly militant and extreme secular-progressive climate of our state-run education system.
Over the past 12 tumultuous months, there has been a great deal of discussion about the radical ideology being promoted in our schools, and what it means for national unity, public safety, and the health of our politics.
Much less has been said about an issue of perhaps even greater long-term consequence: what this indoctrination in public schools means for the rights of people of faith.
We are rapidly approaching the point—if we have not already reached the point—at which the heavy-handed enforcement of secular-progressive orthodoxy through government-run schools is totally incompatible with traditional Christianity and other major religious traditions in our country. In light of this development, we must confront the reality that it may no longer be fair, practical, or even Constitutional to provide publicly-funded education solely through the vehicle of state-operated schools.
Systemic diversity, not limited to racism, sexism. Genderism: masculine and feminine? Maybe. Transgender spectrum, that is a state or process of divergence from normal, including homosexuals, bisexuals, intersexuals, and neogenders? Yes, under the Progressive Cult’s doctrine of political congruence (“=”) or the Rainbow of selective exclusion: black, brown, white, and, with Some, Select Lives Matter, blue, too, with yellow not far behind.. #HateLovesAbortion
Twilight faith, Pro-Choice religion, Liberal ideology brayed by mortal gods and goddesses. In Stork They Trust
#BabyLivesMatter
Is discrimination based on race, color, national origin, sex or religion legal in the United States? Answers based on moral relativism are perhaps interesting, but not correct.
A religion (i.e. behavioral protocol), yes, established under the quasi-legal jurisdiction of the Twilight Amendment (“penumbras and emanations”), administered by the Progressive Cult (PC). However, they don’t subscribe to a moral philosophy, but rather an ethical philosophy or morality’s relativistic sibling (e.g. Pro-Choice), which is a fluid philosophy that twists, turns, and contorts itself into supernatural forms with politically congruent (e.g. profitable) policies.
Biden is giving billions to Black farmers, only. Discriminatory.
The Clinton admin in 1999 gave $5 Billion to Black farmers.
When Hispanics protested, Obama distributed even more funds. These programs were rife with fraud and mismanagement.
“U.S. Opens Spigot After Farmers Claim Discrimination”
https://www.nytimes.com/2013/04/26/us/farm-loan-bias-claims-often-unsupported-cost-us-millions.html
“From the start, the claims process prompted allegations of widespread fraud and criticism that its very design encouraged people to lie: because relatively few records remained to verify accusations, claimants were not required to present documentary evidence that they had been unfairly treated or had even tried to farm.
Agriculture Department reviewers found reams of suspicious claims, from nursery-school-age children and pockets of urban dwellers, sometimes in the same handwriting with nearly identical accounts of discrimination.
Some people took the money who didn’t even have a garden in the ground.” He added, “They didn’t make it hard at all, and that’s why people jumped on it.”
Mr. Wright, whose family owns farmland outside Pine Bluff, won his claim. So did two other applicants whose claims were virtually identical to his, with the same rounded handwriting, the same accusations of bias and similar descriptions of damages suffered….”
And trump paid off the largely white grain farmers (many of them corporate entities) in the midwest and south with 28 billion to markets afloat when his tariff taxes almost obliterated the soybean market. So things have a ways to go before any imbalance can be claimed. Unless of course the very existence of aid to minority farmers is considered an imbalance. My guess is that’s the case with you?
And trump paid off the largely white grain farmers (many of them corporate entities) in the midwest and south with 28 billion to markets afloat when his tariff taxes almost obliterated the soybean market.
Provide proof that President Trump had discriminatory policies that gave racial preferences to “white” grain farmers. Unless your weak-ass attempt at moral equivalency was over preferences of “white grain” and not “grain of other color.”
Just stating a market reality, not a policy. The numbers are what to focus on.
Just stating a market reality, not a policy. The numbers are what to focus on.
You stupidly tried to imply President Trump also used racist policies towards grain farmers. Now that you’re called out for your false moral equivalency, you want to shift the focus. GFY.
No. Just pointing out what I actually said.
See, if I just said what you said I’d be immediately censored on this blog. I know from experience.
Olly, the above statement was by the Bug. You can tell it is he because he talks big and doesn’t have a handle on the facts. Most of the times he is wrong on many things. The only thing that limited his errors in this response was its brevity.
It doesn’t matter who it is. They are blog agitators; the less-than-useful idiots that have one purpose…distract attention away from otherwise meaningful discussions. I will do something I should’ve done a long time ago, I will not respond to any commenter that is only identifiable as Anonymous. They can get a unique icon or identify themselves with a some kind of unique signature in their comment. But otherwise, they don’t exist.
Olly, not responding is a good idea, but it seldom works. Republicans thought they could get away with not responding or by being agreeable and look at what we have today.
Take a look at how quickly Trump created increasing peace in the Middle East. Take a look at how quickly Biden destroyed that peace. Except from a few Republicans, what do we hear?
SM, I said I will not respond to any commenter that is only identifiable as Anonymous. I won’t pull a Turley and self-censor.
What’s good for you is good for me, chin.
you’re racist
and a coward hiding your name
and how many grain farmers you know – how many are colored? HOW MANY YOU RACIST NOBODY
racist ^^^^^^^^
Sounds like you have some research to do.
Their race is immaterial unless there was actual discrimmination based on race, which there wasn’t. There is actual racial discrimmination in the current pending bill.
It is an imbalance if it is based on race. If aid was only given to farmers making less than a certain amount per year, that would be less problematic.
Did you not read what it was the judge wrote, and why he put forth the injunction? Your comment suggests that you didn’t.
The judge was saying that the stats that are produced by people putting forth this justification for discrimination do NOT fit the bill to provided relief from any sort of past or present racial discrimination in any particular field. This was a bill for small businesses to be provided relief as a result of coronavirus, and the drop in business and it brought incliuding those created by rules the government made. To legally say that the aid can be prioritized by the color of the skin of the owner, you must show that the small business owners suffered losses and have a heightened need for this aid as a result of some sort of racism instead of a worldwide pandemic.
So how does this relate to your comment? Well, if Trump gave aid to farmers, and most farms are owned by white farmers, or white owned/majority white board members it does not mean that Trump was only helping farmers because they are white. It just happens to be more of the people and companies that applied and/or recieved that aid were white. It is not a racist act because there was no language in it to suggest one race gets the aid, one doesn’t, one race gets priority and one doesn’t, or one race gets the money until it runs and and hopefully there are enough scraps left over for the other.
You are trying to say something like, “At one point in life everyone who has died of cancer has also drank water, ergo water is the cause of cancer….
Congress cannot tax for black farmers or otherwise individual welfare, individual charity or individual redistribution of wealth.
Congress may only tax for “…GENERAL welfare.”
General = all.
Welfare = well proceed.
Article 1, Section 8, provides Congress the power to tax ONLY for “…general Welfare…,” omitting and, thereby, excluding any power to tax for individual or specific welfare, redistribution of wealth or charity. The same article provides Congress the power to regulate ONLY money, the “flow” of commerce and land and naval Forces. Additionally, the 5th Amendment right to private property is not qualified by the Constitution and is, therefore, absolute, allowing Congress no power to claim or exercise dominion over private property, the sole exception being the full taking of property under the principle of eminent domain.
The problem, and the singular American failure, has been and remains the judicial branch, with emphasis on the Supreme Court, which is sworn to, not modify, amend or legislate, but support the manifest tenor of the U.S. Constitution and Bill of Rights.
Twilight Amendment (“penumbras and emanations”), not limited to selective-child, diversity [dogma] (e.g. racism), is a first-order forcing of progressive corruption.
Let’s hope someone sued over the “farm aid” to anyone except “white” farmers! Let’s hope there is a judge in such litigation who is as wise as this judge is! Discrimination on any basis proscribed by law is unlawful discrimination.
So it’s wrong for the government to discriminate based on race. Except when it isn’t.
Among the other whites-need-not-apply, Democrat bailouts: Some $4 billion for black farmers only.
Biden has a strange concept of “unity.”
there aren’t that many black farmers – biden is lying
Diversity [dogma] (i.e. color judgments), inequity, and exclusion, not limited to racism, sex-ism, and ageism. Can they abort the baby, cannibalize her profitable parts, sequester her carbon pollutants, and have her, too? They are playing with a double-edged scalpel.
That said, diversity of individuals, minority of one. Baby Lives Matter. Hate Loves Abortion.
DI-WORSE-IFICATION
___________________
“Distrust diversifications, which usually turn out to be diworseifications.”
– Peter Lynch, One Up Wall Street, 1989
__________________________________
Peter Lynch of Fidelity Magellan, was one of the most successful mutual fund managers in American history.
Peter Lynch knows di-worse-ification as one of the elemental aspects of appropriately conservative money management.
Reparations by a thousand cuts.
Incidentally, reparations must come from the countries and descendants of the African tribal leaders who sold their countrymen to Arab traders who sold them to British shippers who sold them to British planters who sold them in British colonial secondary markets.
Had those profiteering African tribal leaders not put product on the market, the Arab slave trade, international British slave shipping and British slavery in the British colonies would have never occurred.
I think you forgot to include Dutch, Portuguese, French traders as well a British. Actually, I think the Portuguese were the first to engage in the Atlantic trade.
Leftist policies is racist.
Our leader has spoken!!!
This discrimination isn’t arbitrary or accidental. It’s built into CRT ideology. Kendi’s comment that only future discrimination can remedy present discrimination, assinine as it is, is the guiding light of the CRT crusaders in the Biden administration. They truly believe that there’s “bad” discrimination and “good” discrimination, and they intend to discriminate as much as they can legally get away with. The underlying false premise here is that all disparities are due to racism and sexism. That is not only an unproven assumption, but it is directly contradicted by the research of many academics, black and white, male and female. But science itself has been disgarded by the CRT crowd, probably because it doesn’t back up their ideological assumptions. If they are allowed to dominate politics and academia, we will be facing a new Dark Ages.
More effort is needed by those who support traditional notions of civil rights to show that the narrative that statistical disparities are caused by racism, conscious, unconscious or “systemic”, is largely false. The Republican Party and objective media could do more to publicise the work in this area of such Black thinkers as Thomas Sowell, Wilfred Reilly, Glenn Loury, John McWhorter, Coleman Hughes and Robert Woodson. They are considerably deeper thinkers than Ibram X Kendi or Robin DiAngelo, and have done much to provide alternative, more plausible, causal explanations. Unfortunately, these explanations are more complex, and less morally satisfying and politically actionable, than the simplistic dialectic of the oppressor and oppressed that lies at the heart of critical race theory and intersectionality.
Just wait until they get the Supreme Court aligned with their thinking which may take another 10 to 15 years. Much of their agenda will be ruled constitutional such as HR-1 and other similar philosophies such as good discrimination and bad discrimination. I truly worry about my 2 year old grandson who is white and the world he may inherit including the debt. I’m 67 and probably will not be here in 5 years. This is of little concern to me.
Remove Bernie Sanders from the Senate. Ver Mont:. You are dumb as hell
Why don’t courts recognize that the goal of the administration is to curry favor in the form of voting preference with the advantaged group?
Come forward from the crowds to get your covid shot. We have masks on and won’t know your race or gender until we see the arm raised up to get the shot.
I dogs allowed.
We all know the Dims can’t win the white, male, straight vote so they discriminate against them. They’re a bigot’s bigot.
Interesting that after so many years of fighting discrimination, the Lefties have become racists.
Aside from contempt for Lefties, I worry about the damage done to the country.
Most whites have a reservoir of good will towards minorities and want to be fair.
If the Lefties discriminate against whites, that reservoir will be depleted at some point.
That opens the gates to more racial strife. And we all lose.
Not interesting. It was inevitable. They never fought discrimination. They just substituted one victim for another.
Very good, mespo727272. First, under BO, it was class warfare and “pay your fair share” mantra. They couldn’t succeed on that, not completely, that is. So now they moved on to using race as a way to divide the country and curry favor with a voting block they need. Divide and conquer seems to be working for them so why should they stop now? But this was a win for sanity and the Constitution. The question is whether SCOTUS will have the guts to follow the Constitution and precedent or continue on its path to weaponizing the Judicial Branch of government.
Mespo– one step ahead of me. Leftists never cared about discrimination. Just another tool in their kit to be twisted when needed to advance destruction.
Interesting that after so many years of fighting discrimination, the Lefties have become racists.
That’s like saying the Wizard of Oz suddenly became human.
The Left never fought discrimination. It fought the white race using anti- discrimination laws as a weapon. It continues the same fight now.
“Interesting that after so many years of fighting discrimination, the Lefties have become racists.”
– monumentcolorado
_________________
By way of clarification, the American Founders passed the Naturalization Acts of 1790, 1795, 1798 and 1802, in four iterations, “discriminating” against non-white applicants for citizenship.
The men who wrote the Constitution and Bill of Rights approved the aforementioned “discrimination.”
Ergo, discrimination is “original intent” and fully constitutional.
___________________________________________________
Naturalization Acts of 1790, 1795, 1798 and 1802
United States Congress, “An act to establish an uniform Rule of Naturalization,” March 26, 1790
Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That any Alien being a free white person, who shall have resided within the limits and under the jurisdiction of the United States for the term of two years, may be admitted to become a citizen thereof…
“It’s the [money], stupid!”
– James Carville
_____________
“Most whites” are idiots, sufficiently gullible to pass the 19th Dumbmendment, making women men and decimating the production of Americans, causing the American fertility rate to enter a “death spiral” – Americans are vanishing as more Americans die than are born, causing the population to be imported because businesses and nations must “grow or die.”
The hyphenates don’t care about discrimination, that’s just a cover; a ruse; an inducement to compel Americans to assume a generous helping of phantom guilt.
The hyphenates care about taking your money and your country.
Americans have been stupid enough to give them those items.
Whatever will the few, remaining, minority Americans tell their great great grandchildren in a hundred and fifty years?
Turley, I find the whole white academic harrumphing with a martini tone of your writing comparable to the band playing as the Titanic was sinking, which makes it absurdly funny in itself. Might be dated enough to place you squarely within the William Buckley school, which clearly is enough to produce work at Fox, but like with Buckley, will be systematically dismantled by history moving forward.
Would you ever say that Blacks are “harumphing” about being discriminated against? Why should minority applicants get preferential treatment during a pandemic shutdown? Your argument doesn’t pass any scrutiny let alone strict scrutiny!
I said the things I said, not the things you allude to me saying.
Anonymous, the one that comments 100 times a day, is the kind of guy that says he is misquoted in his autobiography??!?!??
Go back and reread your comment, try not to lie and then please keep the comments to under 50 a day. You are ruining the site for others…probably not the first time those words were said to you. In fact it probably started at the playground because you are just that person.
Seriously Darren???
Aninny:
I find your garish purple prose absurdly funny.
Glad you’re entertained.
I always loved watching clowns work.
Then you must depressed at the thought of what’s coming soon for the Orange clown Man.
We’ll all have pity for big Mess when the chips fall for L’Orange the Alpacca warrior.
“We’ll all have pity for big Mess when the chips fall for L’Orange the Alpacca warrior.”
************************
The man doesn’t matter; the idea does.
A man may die, nations may rise and fall, but an idea lives on. Ideas have endurance without death.
– John F. Kennedy
Sounds just like the close of that Mengele themed movie awhile back. Awesome!
BOYS FROM BRAZIL
Just curious: what ‘idea’ does trump represent that’s going to live on?
Populism
whose populism?
That’s the point. The Dims lose the current populism vote very time. Then they just import a new population and dilute the residents already here. They’re worst than an invader.
Actually, no, that’s not the point. Populism, by definition, is a reactions against elitism. You see a brand of elitism you favor slipping away and you call it being aggrieved. The confusion is staggering…
But have at it, you seem to do it amazingly well.
The idea of character not color.
The man doesn’t matter; the idea does.
And Democrats have gone all in to highlight their hatred for that America First idea. Them = Nord and Russia; Us = Keystone and the United States. Them = Equity; Us = Equality. Them = Above the Law; Us = Rule of Law. Them = Administrative State; Us = Federalism.
The Marxists driving the Democratic party have done more to expose the divide of the two parties than even Obama dared; from their America Last agenda to our America First agenda. Trump built his base on that idea and the Democrats think if they can topple Trump, the idea goes away. It ain’t happening.
It is impressive, but for at least 50 years, people have said that. Trump still stands tall while his detractors still search the garbage heap. They make more dirt for themselves than they do for him.
Mespo told you right. You think it is the man we follow. It is the ideas that we cherish. We believe in character over color, meritocracy, and the Constitution. Trump is a leader against another brand that killed 100 million people in the last century. That 100 million weren’t killed by war. They were killed by their leftist leadership, who promoted many of the thoughts you and the left are pushing today.
See!! Our leader told you what you need to know!!!! And you’re a dummy!! Because you’re a dummy!!! Leave the hard thinking to us because you’re not capable of it you rabid animal!!!
That’s what makes you so star spangled awesome.
will be interesting ti see if this makes it to SCOTUS
A judge in Texas…..need I say more.
But a judge in CA is always right…?
JH:
“A judge in Texas…..need I say more.”
********************
Yeah a lot more or we’ll just consider you a bigot.
Justice Holmes,
What the plaintiff doesn’t realize is that what happened during the last covid aid package the origin PPP loans was that many big business which had better connections to banks and such depleted the funds to help these smaller businesses in a matter of days.
The Biden administration seems to have wanted the give these smaller businesses a better chance by prioritizing who can apply first.
This restaurant owner didn’t even bother to apply which he admits. That may be the bigger part of the problem.
Can someone translate this?
The only way to end racism is to end racism. Not simply change the race of the victim.
The SCOTUS started this unAmerican affirmative action. They oughta stop it before the country comes apart over it, it’s merit or nothing.
They are exercising liberal license to indulge diversity [dogma], not limited to racism, sex-ism, ageism. They are engaged in affirmative discrimination, not affirmative action.
Diversity [dogma] (i.e. color judgments) is a principal tenet of the Pro-Choice religion of the Progressive Cult (PC) under the Rainbow of inclusive exclusion. Baby Lives Matter