Farmers in Texas Ask Judge to Halt USDA’s Race- and Gender-Based Disaster Aid

On Monday, a coalition of White farmers in the state of Texas requested that a federal judge block the U.S. Department of Agriculture (USDA) from giving out disaster and pandemic aid based solely on race, gender, and other arbitrary physical attributes.

As reported by Just The News, the group is represented by the nonprofit Southeastern Legal Foundation. The filing in the U.S. District Court in Amarillo, Texas was made public on Monday.

“When natural disasters strike, they don’t discriminate based on race and sex. Neither should the Department of Agriculture,” the coalition wrote in their motion. “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 group says that, thus far, the Biden Administration has already taken at least $25 billion in disaster relief and pandemic aid and divided it among eight programs to distribute the funds specifically to “socially disadvantaged” groups. The complaint points out that these provisions violate the Fifth Amendment of the U.S. Constitution, as well as the Administrative Procedures Act.

“The Constitution promises equal treatment to all Americans regardless of their race or sex,” the court filing continues. “It also promises the separation of powers. USDA broke both promises through the disaster and pandemic relief programs challenged here.” The group added that they can prove that “USDA gives more money to some farmers based on” race, gender, and other arbitrary factors.

The lawsuit cites the Supreme Court’s landmark decisions last year overturning the practice of affirmative action and other race-based preferences in higher education, even quoting the majority opinion in the case by saying that “eliminating racial discrimination means eliminating all of it.”

The lawsuit names the USDA and its Secretary, Tom Vilsack, as defendants. The aid program in question was created by an executive order signed by Joe Biden.