The Biden administration has failed to follow through in court on its agenda point that would provide special loan benefits to farmers if they are not white.
The race-based program was part of Biden’s $1.9 trillion pandemic relief bill that was adopted by Congress earlier this year.
It would pay up to 120% of direct or guaranteed farm loan balances for farmers – as long as they are not white.
Multiple lawsuits were filed over the racist characteristics of the Biden plan, and according to a report in American Greatness, just days ago the DOJ failed to file an appeal.
“Monday was the deadline for the DOJ to do so, 60 days after federal judges ultimately ruled that the $4 billion program, which would forgive the debts of exclusively non-white farmers, was unconstitutional and thus could not be implemented,” the report said.
The report explained Neal Devins, law professor at William & Mary Law School, described the move as “very unusual” and speculated Biden’s officials could “fear a more consequential loss” on appeal.
“It sounds like maybe DOJ would be concerned about having some higher court issue some decision saying something about affirmative action law in this context,” said Kevin Lynch, a law school teacher in Denver, said. “That’s probably what’s driving this decision.”
The DOJ was referring questions about the issue to the Department of Agriculture, which said the dispute will be fought at the trial court level in those lawsuits over the “discriminatory and anti-white policy,” the report said.
The report said there now are a dozen lawsuits filed over the policy.
At Politico was a report that the program actually was facing three preliminary injunctions preventing the implementation of the race preferences.
The deadline to respond to the first one was the deadline that came on Monday.
White House spokeswoman Jen Psaki responded this week that the administration recognizes that there is active litigation, but it still wants to ‘provide assistance to these farmers” who are not white, the report said.
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